18th Council, Fifth Lateran Council 1512-17 A.D.
SUMMARY:
SITE: The Basilica of Saint John Lateran (Rome)
YEARS: 1512 - 1517 (March). (Luther's theses posted 31 October, 1517)
POPES: Julius II, 1503 - 1513; Leo X, 1513 - 1521
EMPEROR: Maximilian I, 1493 - 1519
Condemned errors concerning the soul; Defined that the soul is immortal and that it is the form of the human body; Reaffirmed the necessity of the submission to the Roman Pontiff for salvation, (but not if that obedience harms faith).; Reaffirmed the dogma of Indulgences; Failed to establish thorough reforms within the Church, thus helping the Protestant revolt
Fifth Lateran Council, sat from 1512 to 1517 under Popes Julius II and Leo X, the emperor being Maximilian I. 120 Bishops, representatives of kings and princes, took part in it. Its decrees are chiefly disciplinary. A new crusade against the Turks was also planned, but came to naught, owing to the religious upheaval in Germany caused by Luther.
ACTION: Called by Pope Julius II, this council opened on May 10, 1512; by Feb. 1513 Pope Julius was dying, and the council was reconvened by Pope Leo X in April 1513 and ratified by him. The most important discussions concerned the "Pragmatic Sanction of Bourges." In 1438 the King of France, Charles VII, had issued this edict, declaring a general council superior to the Pope and denying his right to nominate Bishops in France. A later King, Louis XI, had abolished this decree in 1461, but Louis XII (1498 - 1515) had attempted to reintroduce it. This council clearly rejected the teaching contained in the edict. (The appeal for another Crusade against the Turks met with no enthusiasm, and the situation in Europe relegated such a venture to oblivion.)
Condemned: PRAGMATIC SANCTION OF BOURGES (Charles VII/Louis XII).
INTRODUCTION
This council was summoned by pope Julius II by the bull Sacrosanctae Romanae
Ecclesiae,
issued at Rome on 18 July 1511, after several schismatic cardinals, officially
supported
by Louis XII, king of France, had assembled a quasi-council at Pisa. Twice
postponed, the
council held its first session in full solemnity at Rome in the Lateran
residence on 10
May 1512, at which session an elaborate address on the evils of the church was
made by
Giles of Viterbo, general of the order of Augustinian hermits.
There were twelve sessions. The first five of them, held during Julius II's
pontificate,
dealt primarily with the condemnation and rejection of the quasi-council of
Pisa, and
with the revoking and annulment of the French "Pragmatic Sanction". After the
election of
pope Leo X in March 1513, the council had three objectives: first, achieving a
general
peace between christian rulers; second, church reform; and third, the defence
of
the
faith and the rooting out of heresy. The seven sessions after Leo's election
gave
approval to a number of constitutions, among which are to be noted the
condemnation of
the teaching of the philosopher Pomponazzi (session 8), and the approval of the
agreement
completed outside the council between pope Leo X and king Francis I of France
(session
11).
All the decrees of this council, at which the pope presided in person, are in
the form of
bulls. At the beginning of them are added the words "with the approval of the
sacred
council", and at the end "in public session solemnly held in the Lateran
basilica". The
fathers confirmed all the decrees by their votes. If anyone wished to reject a
proposal,
he made his dissenting opinion known verbally, or briefly in writing. The
result
was that
the matters proposed, after various debates, were sometimes altered.
The decisions on the reform of the curia produced almost no effect because of
the
timidity and inadequacy of the recommendations, especially since the papacy
showed slight
inclination to carry the matter through. On the other hand, the council totally
suppressed the Pisan schism. It is clear that bishops were never present in
great numbers
at the council, and that prelates who lived outside Italy were notably absent
to
such an
extent that there has been frequent dispute about whether the council was
ecumenical.
The decrees and other acts of the council were first published in Rome shortly
after the
council ended, namely on 31 July 1521 by cardinal Antonio del Monte, acting on
the orders
of pope Leo X. The title of this edition is: SA. Lateranense concilium
novissimum sub
Iulio II et Leone X celebratum (= Lc). It was subsequently used in various
conciliar
collections from Cr2 3 (1551) 3-192 to Msi 32 (1802) 649-1002. We have followed
this
edition of 1521 and have taken the headings of the constitutions from the
summary which
precedes it.
SESSION 1
10 May 1512
[The bull convoking the council, Sacrosancta Romanae Ecclesiae, and the bulls
postponing
it, Inscrutabilis and Romanus pontifex, are read out1{Msi 32, 681-690}. Masses
are
ordered to be celebrated, and prayers to be offered, to beg God's assistance;
various
arrangements are to be observed in the council and decrees are set out;
advocates,
procurators, notaries, guards and vote-scrutineers are chosen; assigners of
places, and
the location of places in their due order, are established.]
SESSION 2
17 May 1512
[The quasi-council of Pisa is condemned, and everything done at it is declared
null and
void. The Lateran council and whatever has been rightly done at it are
confirmed]
Julius, bishop, servant of the servants of God, with the approval of the sacred
council,
for an everlasting record. We intend, with the help of the most High, to
proceed
with the
holding of this sacred Lateran council which has now begun for the praise of
God, the
peace of the whole church, the union of the faithful the overthrow of heresies
and
schisms, the reform of morals, and the campaign against the dangerous enemies
of
the
faith, so that the mouths of all schismatics and enemies of peace, those
howling
dogs,
may be silenced and Christians may be able to keep themselves unstained from
such
pernicious and poisonous contagion.
Accordingly, in this second session lawfully assembled in the holy Spirit,
after
mature
deliberation held by us with our venerable brothers, the cardinals of the holy
Roman
church, by the advice and unanimous consent of the same brothers from sure
knowledge and
by the fullness of apostolic power, we confirm approve and renew, with the
approval of
the sacred council, the rejections condemnations, revocations, quashings,
invalidations
and annulments of the summoning, convoking and public utterances of that
schismatical
assembly, the vaunted quasi-council of Pisa, with its aim of rending and
hampering the
union of the aforesaid church, and of the citations, warnings, decrees,
pardons,
sentences, acts, legacies, creations, obediences, withdrawals, enjoined
censures
and
applications issuing from it, and of the transfer of the said quasi-council to
the cities
of Milan or Vercellae or any other place, and of each and all of the acts and
decisions
of the said quasi-council, that have been expressed in our various letters
completed and
issued in due order, especially those issued under the dates of 18 July in the
eighth
year of our pontificate, and of 3 December and 13 April in the ninth year of
our
pontificate. Likewise we confirm, approve and renew with the approval of the
sacred
council, the letters themselves along with their decrees, declarations,
prohibitions,
commands, exhortations, warnings, applications of ecclesiastical interdicts,
and
other
sentences, censures and penalties, whether by canonical sanctions or by our own
act,
especially those in the letter summoning this sacred universal council, and
each
and all
of the other clauses contained in the said letters, the meanings of which we
wish to be
considered as expressed as if they were inserted herein word for word, even
though, as
being definite and valid, they require no other confirmation or approval for a
more
extensive guarantee and demonstration of the truth. We wish, decree and ordain
that they
be observed without alteration, and we make good each and all of the defects in
them,
should there be any.
We condemn and reject the aforesaid quasi-council and its transfer, and each
and
every
thing done by it, and also those taking part in it or giving support, approval
or
consent, directly or indirectly, to whatever extent and in whatever manner,
from
the day
of the summoning of the quasi-council until the present day, whether the things
have
already been done or are to be done in the future, even if they are or have
been
such
that special, specific, definite and separate mention should be made about
them,
since we
consider their meaning and characteristics as clearly expressed. We condemn and
reject it
like other counterfeit councils which diverge from the truth and whose acts
have
been
condemned and rejected by the law and sacred canons. We proclaim these things
to
be null,
void and empty, as indeed they are, to be or to have been of no force or
Importance; and,
so far as is necessary, we declare them void, invalid and null, and we wish
them
to be
considered as void, invalid and null.
We decree and declare, with the approval of this same sacred council, that this
sacred
ecumenical council, justly, reasonably, and for true and lawful purposes duly
and rightly
summoned, has begun to be celebrated, and that each and every thing which has
been and
shall be done and executed in it, will be just, reasonable, settled and valid,
and that
it possesses and holds the same strength, power, authority and stability which
other
general councils approved by the sacred canons, especially the Lateran council,
possess
and hold.
Moreover, in the arrangement of the seasons, as the summer heats approach, in
order to
take account of the convenience and health of the prelates, and so that those
may be
awaited who live beyond the mountains and across the sea and who have hitherto
been
unable to come to this sacred council, and for other just and reasonable causes
known to
and approved by the said sacred council, we are summoning the third session of
this same
council to take place on 3 November next, with the said council likewise giving
approval.
And to each and every prelate and to others present at the same council, we
grant and
concede the freedom and permission to withdraw from the Roman curia and to stay
wherever
they wish, so long as they are present at the aforesaid Lateran council on the
said 3
November, any clearly legitimate hindrance having been removed, subject to the
infliction
of the penalties indicated in the letter summoning the council and in canonical
punishments against those failing to attend to councils, the said sacred
council
also
approving. Let nobody therefore . . . If anyone however . . .2{2 At this
session, on
account of the arrival of the bishop of Gurk, representative of the most serene
emperor,
a postponement of the third session was made until 3 November.}
SESSION 3
3 December 1512
[Each and all of the measures sponsored by the schismatic cardinals are
rejected]
Julius, bishop, servant of the servants of God, with the approval of the sacred
council,
for an everlasting record. To the praise and glory of him whose works are
perfect, we are
continuing the sacred council of the Lateran, lawfully assembled by favour of
the holy
Spirit, in this third session. We had summoned this session on another
occasion,
during
the second session, for the third day of the following November. Later, by the
advice and
unanimous agreement of our venerable brothers, cardinals of the holy Roman
church, for
reasons then stated and for other lawful causes, we postponed it and summoned
it
to be
held today, with the same sacred council giving approval to both the
postponement and the
summons for the said reasons which were known to it. This was after the happy
and
favourable adherence to, and union with, this most holy Lateran council on the
part of
our most dear son in Christ, Maximilian, ever revered emperor-elect of the
Romans
We condemn, reject and detest, with the approval of this same sacred council,
each and
every thing done by those sons of damnation, Bernard Carvajal, Guillaume
Briconnet, Rene
de Prie, and Frederick of San Severino, formerly cardinals, and their
supporters,
adherents, accomplices and disciples -- who are schismatics and heretics and
have worked
madly to their own and others' ruin, aiming to split asunder the unity of holy
mother
church at the quasi-council held at Pisa, Milan, Lyons and elsewhere --
whatever
the
things were in number and kind that have been enacted, carried out, done,
written,
published or ordained up to the present day, including the imposition of taxes
carried
out by them throughout the kingdom of France, or shall be done in the future.
Even though
they are indeed null, useless and void and have already been condemned and
rejected by us
with the approval of the aforesaid sacred council, we nevertheless retain this
present
condemnation and rejection for the sake of greater precaution. We wish the
meaning and
characteristics of the things done, or to be done, to be considered as
expressed
herein
word for word and not just by general clauses. We decree and declare them to be
and to
have been null, without purpose and void, of no force, efficacy, effect or
importance.
We renew our letter dated 13 August 1512, at St Peter's, Rome, in the ninth
year
of our
pontificate, by which, on the advice of the Dominicans, on account of the
support,
favours, sustenance and help notoriously provided to schismatics and heretics
in
the
promotion of the said condemned and rejected quasicouncil of Pisa, by the king
of France
and not a few other prelates, officials, nobles and barons of the kingdom of
France, we
placed under ecclesiastical interdict the kingdom of France and particularly
Lyons,
excepting the duchy of Brittany, and we forbade the customary fairs of Lyons to
be held
in that city and we transferred them to the city of Geneva. We also renew the
decrees,
declarations, prohibitions and every clause contained in the letter, the said
sacred
council likewise having full information about them and giving its approval. As
stated,
we subject the aforesaid kingdom and its cities, lands, towns and any other
territories
to this interdict, and we transfer the fairs from Lyons to the said city of
Geneva.
In order that this sacred Lateran council may be brought to a fruitful and
beneficial
conclusion, and that the many other serious matters due for treatment and
discussion in
the council may proceed to the praise of almighty God and the exaltation of the
universal
church, we declare, with the full approval of the said sacred council, that the
fourth
session of the continuing celebration of the council shall be held on the tenth
day of
the present month of December. Let nobody therefore ... If anyone however...
SESSION 4
10 December 1512
[The Pragmatic is revoked and the acts of the quasi-council of Pisa regarding
the same
are annulled1{Before this constitution, in the same session, there was also
read
out: A
warning against the Pragmatic and its supporters}
Julius, bishop, servant of the servants of God, with the approval of the sacred
council,
for an everlasting record. Giving close attention by paternal and earnest
consideration
to the safety of the flock entrusted to us from above, to the reform of morals
and the
defence of the church's liberty, and to the peace and development of the
Catholic faith,
we approve and renew, with the approval of this holy council, for the praise
and
glory of
almighty God and the undivided Trinity, the letter recently issued by us, of
which the
same council is aware, by which we made a general reform of the Roman curia's
officials
and of their imposts. We ordered the letter to be made public by certain
persons, who
were afterwards designated, for the benefit of the faithful, and in accordance
with our
wishes. We now order it to be made public in detail by the said designated
persons
together with other prelates from various nations who are present in the
aforesaid
council and are to be appointed. Everything that can pervert human judgment is
to cease,
as is right and fitting. We order, moreover, that the declarations are to be
referred to
us in other sessions of this sacred council and are to be approved by the same
council,
in order that they may be duly carried out.
Moreover, for considerable periods of time there has been great disparagement
of
the
apostolic see and of the head, the liberty and the authority of the holy Roman
universal
church, as well as a limitation of the sacred canons, by a number of prelates
of
the
French nation and by noble laymen and others supporting them, especially under
pretext of
a certain sanction which they call the Pragmatic{2 This Pragmatic Sanction had
been
promulgated by king Charles VII of France at Bourges on 7 July 1438, with the
aim of
removing abuses in the church, see DThC 12/2 (1935) 2780-2786, DDrC 7 (1958)
109-113, and
NCE 11 (1967) 662-663}. We do not wish to endure further a thing so pernicious
and
offensive to God, a clear cheapening of and damage to the said church. For it
is
only in
those regions that the sanction, carried out by those lacking all lawful power
for that
end and without the authority of popes or legitimate general councils, has been
introduced and observed by way of an abuse. It must be rightly, along with its
contents,
be declared null and void and be repealed. Louis XI, king of France, of
distinguished
memory, repealed this sanction, as is clearly contained in his letters patent
already
made. Therefore, with the approval of the same council, we commit to the
meetings of our
venerable brothers, cardinals of the aforesaid church, and of other prelates,
which are
to be held in the upper room of the Lateran, insofar as this is necessary, the
business
of the declaration and abrogation which we are to make, as well as the report
that is to
be made to us and the same sacred council concerning the matters discussed in
the first
and other sessions, insofar as this can conveniently be done. We determine and
decree
that the prelates of France, chapters of churches and monasteries, and laymen
favouring
them, of whatever rank they may be, even royal, who approve or falsely use the
said
sanction, together with each and every other person thinking, either
individually or in a
group, that this sanction is to his advantage, be warned and cited, within a
definite
adequate term to be established, by a public edict -- which is to be fixed on
the doors
of the churches of Milan, Asti and Pavia, since a safe approach to France is
not
available -- that they are to appear before us and the aforesaid council and
declare the
reasons why the said sanction and its corrupting effect and misuse in matters
concerning
the authority, dignity and unity of the Roman church and the apostolic see, and
the
violation of sacred canons and of ecclesiastical freedom, ought not to be
declared and
judged null and void and be abrogated, and why those so warned and cited should
not be
restrained and held as if they had been warned and cited in person. Moreover,
with regard
to each and all provisions and collations of ecclesiastical benefices,
confirmations of
elections and petitions, grants of concessions, mandates and indults, of
whatever kind,
concerning both favours and matters of justice or both together, of whatever
sense they
may be -- which things we wish to be regarded as clearly stated in the present
letter --
which were made by the synagogue or quasi-council of Pisa and its schismatic
adherents,
lacking all authority and merit, though they are indeed null and void, yet, for
greater
caution, we decree, with the approval of the said sacred council, that they are
null and
of no effect, force or importance; and that each individual, of whatever rank,
status,
grade, nobility, order or condition, to whom they were granted, or to whose
convenience,
advantage or honour they pertain, are to give up their fruits, incomes and
profits, or to
arrange for this to be done, and they are bound to restore both these things
and
their
benefices and to give up the other aforesaid concessions, and that unless they
have
really and completely given up the benefices themselves and the other things
granted to
them, within two months from the date of this present letter, they are
automatically
deprived of the other ecclesiastical benefices which they hold by lawful title.
Moreover,
we apply whatever has been or shall be obtained in the way of fruits, rents and
profits
of this kind, and money-taxes imposed by the said quasi-council, to the
campaign
which is
to be conducted against the infidels.
In order that the declaration of reform, and of the nullity of the said
sanction, as well
as other business may be carried out in due season, and so that the prelates
who
are
still to come to this sacred council (we have received news that some have
already set
out on their journey to attend) may be able to arrive without inconvenience, we
declare,
with the approval of the council, that the fifth session shall be held on 16
February,
which will be Wednesday after the first Sunday of the coming Lent. Let nobody
therefore
... If anyone however ...
SESSION 5
16 February 1513
[Bull renewing and confirming the Constitution against not committing the evil
of simony
when electing the Roman pontiff]
Julius, bishop, servant of the servants of God, with the approval of the sacred
council,
for an everlasting record. The supreme maker of things, the creator of heaven
and earth,
has willed by his ineffable providence that the Roman pontiff preside over the
christian
people in the chair of pastoral supremacy, so that he may govern the holy,
Roman,
universal church in sincerity of heart and deeds and may strive after the
progress of all
the faithful. We therefore regard it as suitable and salutary that, in the
election of
the said pontiff, in order that the faithful may look upon him as a mirror of
purity and
honesty, all stain and every trace of simony shall be absent, that men shall be
raised up
for this burdensome office who, having embarked in the appropriate manner and
order in a
due, right and canonical way, may undertake the steering of the barque of Peter
and may
be, once established in so lofty a dignity, a support for right and good people
and a
terror for evil people; that by their example, the rest of the faithful may
receive
instruction on good behaviour and be directed in the way of salvation, that the
things
which have been determined and established by us for this, in accordance with
the
magnitude and seriousness of the case, may be approved and renewed by the
sacred
general
council; and that the things so approved and renewed may be communicated, so
that the
more frequently they are upheld by the said authority, the more strongly they
shall
endure and the more resolutely they shall be observed and defended against the
manifold
attacks of the devil. Formerly, indeed, for great and urgent reasons, as a
result of
important and mature discussion and deliberation with men of great learning and
authority, including cardinals of the Roman church, excellent and very
experienced
persons, a document on the following lines was issued by us.
Inserted constitution
Julius, bishop, servant of the servants of God, for an everlasting record. From
a
consideration that the detestable crime of simony is forbidden by both divine
and human
law, particularly in spiritual matters, and that it is especially heinous and
destructive
for the whole church in the election of the Roman pontiff, the vicar of our
lord
Jesus
Christ, we therefore, placed by God in charge of the government of the same
universal
church, despite being of little merit, desire, so far as we are able with God's
help, to
take effective measures for the future with regard to the aforesaid things, as
we are
bound to, in accordance with the necessity of such an important matter and the
greatness
of the danger. With the advice and unanimous consent of our brothers, cardinals
of the
holy Roman church, by means of this our constitution which will have permanent
validity,
we establish, ordain, decree and define, by apostolic authority and the fulness
of our
power, that if it happens (which may God avert in his mercy and goodness
towards
all),
after God has released us or our successors from the government of the
universal
church,
that by the efforts of the enemy of the human race and following the urge of
ambition or
greed, the election of the Roman pontiff is made or effected by the person who
is
elected, or by one or several members of the college of cardinals, giving their
votes in
a manner that in any way involves simony being committed -- by the gift,
promise
or
receipt of money, goods of any sort, castles, offices, benefices, promises or
obligations
-- by the person elected or by one or several other persons, in any manner or
form
whatsoever, even if the election resulted in a majority of two-thirds or in the
unanimous
choice of all the cardinals, or even in a spontaneous agreement on the part of
all,
without a scrutiny being made, then not only is this election or choice itself
null, and
does not bestow on the person elected or chosen in this fashion any right of
either
spiritual or temporal administration, but also there can be alleged and
presented,
against the person elected or chosen in this manner, by any one of the
cardinals
who has
taken part in the election, the charge of simony, as a true and unquestionable
heresy, so
that the one elected is not regarded by anyone as the Roman pontiff.
A further consequence is that the person elected in this manner is
automatically
deprived, without the need of any other declaration, of his cardinal's rank and
of all
other honours whatsoever as well as of cathedral churches, even metropolitan
and
patriarchical ones, monasteries, dignities and all other benefices and pensions
of
whatever kind which he was then holding by title or in commendam or otherwise;
and that
the elected person is to be regarded as, and is in fact, not a follower of the
apostles
but an apostate and, like Simon, a magicianl and a heresiarch, and perpetually
debarred
from each and all of the above-mentioned things. A simoniacal election of this
kind is
never at any time to be made valid by a subsequent enthronement or the passage
of time,
or even by the act of adoration or obedience of all the cardinals. It shall be
lawful for
each and all of the cardinals, even those who consented to the simoniacal
election or
promotion, even after the enthronement and adoration or obedience, as well as
for all the
clergy and the Roman people, together with those serving as prefects,
castellans,
captains and other officials at the Castel Sant' Angelo in Rome and any other
strongholds
of the Roman church, notwithstanding any submission or oath or pledge given, to
withdraw
without penalty and at any time from obedience and loyalty to the person so
elected even
if he has been enthroned (while they themselves, notwithstanding this, remain
fully
committed to the faith of the Roman church and to obedience towards a future
Roman
pontiff entering office in accordance with the canons) and to avoid him as a
magician, a
heathen, a publican and a heresiarch. To discomfort him still further, if he
uses the
pretext of the election to interfere in the government of the universal church,
the
cardinals who wish to oppose the aforesaid election can ask for the help of the
secular
arm against him.
Those who break off obedience to him are not to be subject to any penalties and
censures
for the said separation, as though they were tearing the Lord's garment .
However, the
cardinals who elected him by simoniacal means are to be dealt with without
further
declaration as deprived of their orders as well as of their titles and honour
as
cardinals and of any patriarchal, archiepiscopal, episcopal or other prelacies,
dignities
and benefices which at that time they held by title or in commendam, or in
which
or to
which they now have some claim, unless they totally and effectively abandon him
and unite
themselves without pretence or trickery to the other cardinals who did not
consent to
this simony, within eight days after they receive the request from the other
cardinals,
in person if this shall be possible or otherwise by a public announcement.
Then,
if they
have joined themselves in full union with the said other cardinals, they shall
immediately stand reintegrated, restored, rehabilitated and re-established in
their
former state, honours and dignities, even of the cardinalate, and in the
churches and
benefices which they had charge of or held, and shall stand absolved from the
stain of
simony and from any ecclesiastical censures and penalties.
Intermediaries, brokers and bankers, whether clerical or lay, of whatever rank,
quality
or order they may have been, even patriarchal or archiepiscopal or episcopal,
or
enjoying
other secular, worldly or ecclesiastical status, including spokesmen or envoys
of any
kings and princes, who had part in this simoniacal election, are by that very
fact
deprived of all their churches, benefices, prelacies and fiefs, and any other
honours and
possessions. They are debarred from anything of that kind and from making or
benefiting
from a will, and their property, like that of those condemned for treason, is
immediately
confiscated and allotted to the treasury of the apostolic see. if the aforesaid
criminals
are ecclesiastics or otherwise subjects of the Roman church. If they are not
subjects of
the Roman church, their goods and fiefs in regions under secular control are
immediately
allotted to the treasury of the secular ruler in whose territory the property
is
located;
in such a way, however, that if within three months from the day on which it
was
known
that they had committed simony, or had part in it, the rulers have not in fact
allotted
the said goods to their own treasury, then the goods are from that date
considered as
allotted to the treasury of the Roman church, and are immediately so considered
without
the need for any further pronouncement to the same effect.
Also not binding and invalid, and ineffectual for taking action, are promises
and pledges
or solemn engagements made at any time for that purpose, even if prior to the
election in
question and even if made in any way through persons other than the cardinals,
with some
strange solemnity and form, including those made under oath or conditionally or
dependent
upon the outcome, or in the form of agreed bonds under whatever inducement,
whether it be
a deposit, loan, exchange, acknowledged receipt, gift, pledge, sale, exchange
or
any
other kind of contract, even in the fuller form of the apostolic camera. Nobody
can be
bound or under pressure by the strength of these in a court of justice or
elsewhere, and
all may lawfully withdraw from them without penalty or any fear or stigma of
perjury.
Moreover, cardinals who have been involved in such a simoniacal election, and
have
abandoned the person thus elected, may join with the other cardinals, even
those
who
consented to the simoniacal election but later joined with the cardinals who
did
not
commit the said simony, if the latter are willing to join with them. If these
cardinals
are not willing, they may freely and canonically proceed without them in
another
place to
the election of another pope without waiting for another formal declaration to
the effect
that the election was simoniacal, though there always remains in force our same
current
constitution. They may announce and call together a general council in a
suitable place
as they shall judge expedient, notwithstanding constitutions and apostolic
orders,
especially that of pope Alexander III, of happy memory, which begins Licet de
evitanda
discordia, and those of other Roman pontiffs, our predecessors, including those
issued in
general councils, and any other things to the contrary that Impose restraint.
Finally, each and every one of the cardinals of the holy Roman church in office
at the
time, and their sacred college, are under pain of immediate excommunication,
which they
automatically incur and from which they cannot be absolved except by the
canonically
elected Roman pontiff, except when in immediate danger of death, not to dare,
during a
vacancy in the apostolic see, to contravene the aforesaid, or to legislate,
dispose or
ordain or to act or attempt anything in any way, under whatever alleged pretext
or
excuse, contrary to the aforesaid things or to any one of them. From this
moment
we
decree it to be invalid and worthless if there should happen to be, by anyone
knowingly
or unknowingly, even by us, an attack on these or any one of the foregoing
regulations.
So that the meaning of this our present constitution, decree, statute,
regulation and
limitation may be brought to the notice of everyone, it is our will that our
present
letter be affixed to the doors of the basilica of the prince of the apostles
and
of the
chancellery and in a corner of the Campo dei Fiori, and that no other formality
for the
publication of this letter be required or expected, but the aforesaid public
display
suffices for its solemn publication and perpetual force. Let nobody therefore .
. . If
anyone however . .
Given at Rome at St Peter's on 14 January 1505/6, in the
third year of
our pontificate.
[. . .] As we ponder how heavy is the burden and how damaging the loss to the
vicars of
Christ on earth that counterfeit elections would be, and how great the hurt
they
could
bring to the christian religion, especially in these very difficult times when
the whole
christian religion is being disturbed in a variety of ways, we wish to set
obstacles to
the tricks and traps of Satan and to human presumption and ambition, so far as
it is
permitted to us, so that the aforesaid letter shall be better observed the more
clearly
it is established that it has been approved and renewed by the mature and
healthy
discussion of the said sacred council, by which it has been decreed and
ordained, though
it does not need any other approval for its permanence and validity. For a more
ample
safeguard, and to remove all excuse for guile and malice on the part of evil
thinkers and
those striving to overthrow so sound a constitution, with a view to the letter
being
observed with greater determination and being more difficult to remove, to the
extent
that it is defended by the approval of so many of the fathers, we therefore,
with the
approval of this Lateran council and with the authority and fullness of power
stated
above, confirm and renew the said letter together with every statute,
regulation, decree,
definition, penalty, restraint, and all the other and individual clauses
contained in it;
we order it to be maintained and observed without change or breach and to
preserve the
authority of an unchanging firmness; and we decree and declare that cardinals,
mediators,
spokesmen, envoys and others listed in the said letter are and shall be bound
to
the
observance of the said letter and of each and every point expressed in it,
under
pain of
the censures and penalties and other things contained in it, in accordance with
its
meaning and form; notwithstanding apostolic constitutions and ordinances, as
well as all
those things which we wished not to prevent in the said letter, and other
things
of any
kind to the contrary. Let nobody therefore ... If anyone however . . .{1 At
this
session
other measures against the Pragmatic Sanction were also recorded, especially
Julius II's
constitution Inter alia (Msi 32, 772-773).}
SESSION 6
27 April 1513
[Safeconduct for those who wish and ought to come to the council, for their
coming,
residence, exchange of views and return journey]
Leo, bishop, servant of the servants of God, with the approval of the sacred
council, for
an everlasting record. By the supreme ordinance of the omnipotent who governs
the things
of heaven and of earth by his providence, we preside over his holy and
universal
church,
though we are unworthy. Instructed by the saving and most holy teaching of the
doctor of
the gentiles, we direct our chief attention, among the many anxieties from
which
we
unceasingly suffer distress, towards those things in particular by means of
which
unending unity and unsullied charity may abide in the church; the flock
committed to us
may go forward along the right courses towards the way of salvation, and the
name of
Christians and the sign of the most sacred cross, in which the faithful have
been saved,
may be more widely spread, after the infidels have been expelled with the help
of God's
right hand.
Indeed, after the holding of five sessions of the sacred general Lateran
council, pope
Julius II of happy memory, our predecessor, by the advice and agreement of our
venerable
brothers the cardinals of the holy Roman church, of whose number we then were,
in a
praiseworthy and lawful manner and for sound reasons, guided by the holy
Spirit,
summoned
the sixth session of the council to take place on the eleventh day of this
month. But
after he had been taken from our midst, we postponed the sixth session until
today, with
the advice and consent of our said brothers, for reasons which were then
expressed and
for other reasons influencing the attitude of us and of our said brothers. But
since
there had always been an inner determination within us, while we were of lesser
rank, to
see the general council being celebrated (as a principal means of cultivating
the Lord's
field), now that we have been raised to the highest point of the apostolate,
considering
that a duty which results from the office of pastoral care enjoined on us has
coincided
with our honourable and beneficial wish, we have undertaken this matter with a
more
earnest desire and complete readiness of mind. Consequently, with the approval
of the
same sacred Lateran council we approve the postponement which we made and the
council
itself, until the aims for which it was summoned have been completed, in
particular that
a general and settled peace may be arranged between christian princes and
rulers
after
the violence of wars has been stilled and armed conflict set aside. We intend
to
apply
and direct all our efforts to this peace, with untiring care and leaving
nothing
untried
for so salutary a good. We declare that it is and shall be our unchangeable
attitude and
intention that, after those things which affect the praise of God and the
exaltation of
the aforesaid church and the harmony of Christ's faithful have been achieved,
the holy
and necessary campaign against the enemies of the Catholic faith may be carried
out and
may achieve (with the favour of the most High) a triumphant outcome.
In order, however, that those who ought to attend so very useful a council may
not be
held back in any way from coming, we hereby grant and concede, with the
approval
of the
said sacred council, to each and every one of those summoned to the council by
the said
Julius, our predecessor, or who ought to take part, by right or custom, in the
meetings
of general councils, especially those of the French nation, and to those
schismatics and
others who are coming to the said Lateran council by common or special right,
on
account
of a declaration or apostolic letter of our predecessors or of the apostolic
see
(except,
of course, those under prohibition), and to the attendants and associates of
those who
come, of whatever status, rank, condition or nobility they may be,
ecclesiastical or
secular, for themselves and all their belongings, a free, guaranteed and fully
comprehensive safeconduct, for coming by land or sea through the states,
territories and
places that are subject to the said Roman church, to this Lateran council in
Rome, and of
residing in the city and freely exchanging views, and of leaving it as often as
they
wish, with complete, unrestricted and total security and with a true and
unchallengeable
papal guarantee, notwithstanding any impositions of ecclesiastical or secular
censures
and penalties which may have been promulgated in general against them, for
whatever
reasons, by law or by the aforesaid see, under any forms of words or clauses,
and which
they may in general have incurred. By our letters we shall encourage, warn, and
request
each and every christian king, prince and ruler that, out of reverence for
almighty God
and the apostolic see, they are not to molest or cause to be molested directly
or
indirectly, in any way in their persons or goods, those on their way to this
sacred
Lateran council, but they are to allow them to come in freedom, security and
peace.
In addition, for the carrying out of the celebration of this council, we
declare
that the
seventh session shall be held on 23 May next. Let nobody therefore . . . If
anyone
however...
SESSION 7
17 June 1513
The constitution Meditatio cordis nostri1 {Msi 32, 815-818}, postponing the
eighth
session to 16 November, is read out and approved.]
SESSION 8
19 December 1513
[Condemnation of every proposition contrary to the truth of the enlightened
christian
faith]
Leo, bishop, servant of the servants of God, with the approval of the sacred
council, for
an everlasting record. The burden of apostolic government ever drives us on so
that, for
the weaknesses of souls requiring to be healed, of which the almighty Creator
from on
high has willed us to have the care, and for those ills in particular which are
now seen
to be pressing most urgently on the faithful, we may exercise, like the
Samaritan in the
gospel, the task of healing with oil and wine, lest that rebuke of Jeremiah may
be cast
at us: Is there no balm in Gilead, is there no physician there? Consequently,
since in
our days (which we endure with sorrow) the sower of cockle, the ancient enemy
of
the
human race, has dared to scatter and multiply in the Lord's field some
extremely
pernicious errors, which have always been rejected by the faithful, especially
on the
nature of the rational soul, with the claim that it is mortal, or only one
among
all
human beings, and since some, playing the philosopher without due care, assert
that this
proposition is true at least according to philosophy, it is our desire to apply
suitable
remedies against this infection and, with the approval of the sacred council,
we
condemn
and reject all those who insist that the intellectual soul is mortal, or that
it
is only
one among all human beings, and those who suggest doubts on this topic. For the
soul not
only truly exists of itself and essentially as the form of the human body, as
is
said in
the canon of our predecessor of happy memory, pope Clement V, promulgated in
the
general
council of Vienne, but it is also immortal; and further, for the enormous
number
of
bodies into which it is infused individually, it can and ought to be and is
multiplied.
This is clearly established from the gospel when the Lord says, They cannot
kill
the
soul; and in another place, Whoever hates his life in this world, will keep it
for
eternal life and when he promises eternal rewards and eternal punishments to
those who
will be judged according to the merits of their life; otherwise, the
incarnation
and
other mysteries of Christ would be of no benefit to us, nor would resurrection
be
something to look forward to, and the saints and the just would be (as the
Apostle says)
the most miserable of all people.
And since truth cannot contradict truth, we define that every statement
contrary
to the
enlightened truth of the faith is totally false and we strictly forbid teaching
otherwise
to be permitted. We decree that all those who cling to erroneous statements of
this kind,
thus sowing heresies which are wholly condemned, should be avoided in every way
and
punished as detestable and odious heretics and infidels who are undermining the
Catholic
faith. Moreover we strictly enjoin on each and every philosopher who teaches
publicly in
the universities or elsewhere, that when they explain or address to their
audience the
principles or conclusions of philosophers, where these are known to deviate
from
the true
faith -- as in the assertion of the soul's mortality or of there being only one
soul or
of the eternity of the world and other topics of this kind -- they are obliged
to devote
their every effort to clarify for their listeners the truth of the christian
religion, to
teach it by convincing arguments, so far as this is possible, and to apply
themselves to
the full extent of their energies to refuting and disposing of the
philosophers'
opposing
arguments, since all the solutions are available.
But it does not suffice occasionally to clip the roots of the brambles, if the
ground is
not dug deeply so as to check them beginning again to multiply, and if there
are
not
removed their seeds and root causes from which they grow so easily. That is
why,
since
the prolonged study of human philosophy -- which God has made empty and
foolish,
as the
Apostle says, when that study lacks the flavouring of divine wisdom and the
light of
revealed truth -- sometimes leads to error rather than to the discovery of the
truth, we
ordain and rule by this salutary constitution, in order to suppress all
occasions of
falling into error with respect to the matters referred to above, that from
this
time
onwards none of those in sacred orders, whether religious or seculars or others
so
committed, when they follow courses in universities or other public
institutions, may
devote themselves to the study of philosophy or poetry for longer than five
years after
the study of grammar and dialectic, without their giving some time to the study
of
theology or pontifical law. Once these five years are past, if someone wishes
to
sweat
over such studies, he may do so only if at the same time, or in some other way,
he
actively devotes himself to theology or the sacred canons; so that the Lord's
priests may
find the means, in these holy and useful occupations, for cleansing and healing
the
infected sources of philosophy and poetry.
We command, in virtue of holy obedience, that these canons are to be published
each year,
at the beginning of the course, by the local ordinaries and rectors of
universities where
institutes of general studies flourish. Let nobody therefore ... If anyone
however...
[On arranging peace between christian princes and on bringing back the
Bohemians
who
reject the faith]
Leo, bishop, servant of the servants of God, with the approval of the sacred
council, for
an everlasting record. We are continuing the sacred Lateran council for the
praise of the
almighty and undivided Trinity and for the glory of him whose place we
represent
on
earth, who develops peace and harmony in his high heavens, and who, on his
departure from
this world, left peace as a lawful inheritance to his disciples. For, in the
previous
seventh session, the council was confronting, among other matters, the
threatening and
very obvious danger from the infidels and the spilling of christian blood,
which
even
then was being poured out because of our blatant faults. The quarrels between
christian
kings and princes and peoples must also be removed. and we were being compelled
to seek
with all our strength for peace between them. This was the reason for having to
arrange
one of the more important meetings of the said council: so that peace should
follow and
be maintained as unbroken and leading to its due fulfilment, especially in
these
times
when the power of the infidels is recognised to have grown to a remarkable
extent.
Therefore, with the approval of the same council, we have arranged and decided
to send to
the aforesaid kings, princes and rulers alert legates and envoys of peace, who
are
outstanding in learning, experience and goodness, with a view to negotiating
and
arranging peace. And, in order that these men may lay aside their arms, we have
called
upon their spokesmen who are present at the council, insofar as we were able to
do with
God's help, to devote all their energy and strength, out of reverence for the
apostolic
see and the union of the faithful, to giving notice of these matters to their
kings,
princes and rulers. These are invited, in our name, to negotiate and listen
with
good
will and honour to the apostolic legates themselves, and to act in favour of
our
just and
holy desires which are to be set before them by these messengers.
We were persuading ourself that they will do this, in order that our legates
may
be able
to take up the task of the embassy as quickly as possible and manfully complete
the
undertaking, and so that, by the favour of the Father of lights (from whom
comes
every
best gift) peace can be negotiated and arranged and, once this has been
settled,
the holy
and necessary expedition against the frenzy of the infidels, panting to have
their fill
of christian blood, can take place and be brought to a favourable conclusion
for
the
safety and peace of the whole of Christianity. After this we were hoping from
the depths
of our heart, because of our pastoral office, for peace and union within the
whole
christian people and in particular among the same kings, rulers and princes
from
whose
discord it was feared that prolonged and serious damage could daily affect the
christian
state. A hope began to rise that the christian state would be cared for in a
useful and
salutary way by this peace and unity, because of the authority of these men. We
dispatched our messengers and letters to the aforesaid kings, princes and
rulers
-- at
that time in disunion with each other -- for them to be exhorted, requested and
warned.
We omitted nothing (so far as lay in our power) to arrange and produce by our
every
effort that, once discord and disagreement of any kind had been removed, they
would wish
eventually to return, in complete agreement, grace and love, to universal
peace,
harmony
and union. In this way, further losses would not be inflicted on Christians
from
the
hands of the savage ruler of the Turks or from other infidels, but there would
be a
rallying of forces to crush the terrible fury and the boastful endeavours of
those
peoples.
In that situation, as we strive with all thought, care, effort and zeal for
everything to
be brought to the desired end, and with confidence in the gift of God, we have
decreed
that legates with a special mission from us -- who will be cardinals of the
holy
Roman
church and who are soon to be named by us, on the advice of our brothers, in
our
secret
consistory -- shall be appointed and sent with authority and with the necessary
and
appropriate faculties, as messengers of peace, for the arranging, negotiating
and
settling of this universal peace among Christians, for the embarking upon an
expedition
against the infidels, with the approval of this sacred council, and for
inducing
the said
kings, out of generosity of soul befitting their rank and out of devotion
towards the
Catholic faith, to move with ready and eager minds towards the holy tasks of
both peace
and the expedition, for the total and perfect protection, defence and safety of
the
entire christian state.
In addition, since very great offence is given to God from the prolonged and
manifold
heresy of the Bohemians, and scandal is caused to the christian people, the
charge of
bringing back these people to the light and harmony of the true faith has been
wholly
entrusted by us for the immediate future to our dear son, Thomas of Esztergom,
cardinal-
priest of the title of St Martin in the Hills, as legate of ourself and the
apostolic see
to Hungary and Bohemia. We exhort these people in the Lord not to neglect to
dispatch
some of their spokesmen, with an adequate mandate, either to us and this sacred
Lateran
council or to the same Thomas, cardinal-legate, who will be nearer to them. The
purpose
will be to exchange views with regard to an appropriate remedy by which they
may
recognise the errors to which they have long been in thrall and may be led
back,
with
God's guidance, to the true practice of religion and into the bosom of holy
mother
church. With the approval of the sacred council, by the tenor of the present
letter, we
grant and bestow on them, by the faith of a pontiff, a public guarantee and a
free safe-
conduct as to their coming, going, remaining for as long as the negotiation of
the
aforesaid matters shall last, and afterwards for departing and returning to
their own
territories; and we shall consent to their wishes so far as we can under God.
So that this sacred Lateran council may be brought to the completion of the
fruitful
benefit desired, since many other serious subjects remain to be discussed and
debated for
the praise of God and the triumph of his church, we declare with the approval
of
the
sacred council, that the ninth session of the continuing celebration of this
sacred
Lateran council shall be held on 5 April 1514, in the first year of our
pontificate,
which will be Wednesday after Passion Sunday. Let nobody therefore ... If
anyone
however...
[Bull on reform]
Leo, bishop, servant of the servants of God, with the approval of the sacred
council, for
an everlasting record. Placed by the gift of divine grace at the supreme point
of the
apostolic hierarchy, we thought nothing was more in keeping with our official
duty than
to survey, with zeal and care, everything which could pertain to the
protection,
soundness and extension of the Catholic flock entrusted to us. To this purpose
we have
applied all the force of our activity and the strength of our mind and talent.
Our
predecessor of happy memory, pope Julius II, since he was concerned about the
well-being
of the faithful and anxious to protect it, had summoned the ecumenical Lateran
council
for many other reasons indeed, but also because a constant complaint was being
pressed
concerning the officials of the Roman curia. For these reasons there were
appointed a
number of committees composed of his venerable brothers, the cardinals of the
holy Roman
church, of whose number we were then, and also of prelates, to investigate
carefully into
these complaints. In order that those attached to the curia and others
approaching it for
favours would not in the meantime be tormented by the excessive burden of
expenses and
that, at the same time, the ill-repute by which the said officials were deeply
disturbed
might be appeased by a speedy remedy, he issued a bull of reform by which they
were bound
anew, under a heavy penalty, to keep the legal terms of their offices. Because
death
intervened, he was unable to legislate in particular about the excesses or to
complete
the council.
We, as the successor of the concern no less than of the office, right at the
beginning of
our pontificate, did not delay to resume the synod, to promote peace between
christian
princes and no less, since it is our intention to complete a universal reform,
to
strengthen by new aids what was first provided by our predecessor concerning
the
curial
offices, and to follow this through with the expanded committees. For no more
pressing
anxiety weighs on us than that the thorns and brambles be pulled up from the
Lord's
field, and if there is anything hindering its cultivation, it is to be removed
root and
branch. Therefore, after a careful report had been received from the
committees,
with
notice of what was being side-tracked by which persons, we restored to the norm
whatever
had deviated either from a sound and praiseworthy custom or from a long-
standing
institution. We gathered these together into one bull of reform published on
this matter
with the approval of the sacred council;{This bull Pastoralis officii was
published on 13
Dec. 1513, but it was never submitted to a vote of the fathers} and we
appointed
to
execute it those who would insist on the decisions being kept. With the
approval
of this
sacred council, we order this to be observed without alteration and without
deceit by the
officials themselves as well as by others, according as it affects each, under
penalty of
immediate excommunication from which they can only be absolved by the Roman
pontiff
(except in immediate danger of death), in such a way that, in addition to this
and other
penalties stated in detail in the bull, those acting against it are
automatically
suspended for six months from the office in which they committed the fault. And
if they
have failed for a second time in the same office, they are deprived for ever
because they
have contaminated the office itself. After they have been brought back to good
conduct by
means of our constitution, and the general damage has been checked and removed,
we shall
proceed to the remaining stages of the reform.
If the Almighty in his mercy allows us to settle peace among the christian
leaders, we
shall press on not only to destroy completely the bad seeds, but also to expand
the
territories of Christ, and, supported by these achievements, we shall go
forward, with
God favouring his own purposes, to the most holy expedition against the
infidels, the
desire for which is deeply fixed in our heart .
Let nobody therefore ... If anyone however...
SESSION 9
5 May 1514
[The pope urges christian rulers to make peace among themselves so that an
expedition
against the enemies of the christian faith may be possible]
Leo, bishop, servant of the servants of God, with the approval of the sacred
council, for
an everlasting record. After we had been called by divine dispensation to the
care and
rule of the universal church, even though we are unworthy of so great a
responsibility,
we began from the highest point of the apostolate, as from the top of Mount
Sion, to turn
our immediate gaze and direct our mind to the things that seem to be of primary
importance for the salvation, peace and extension of the church itself. When we
focused
all our care, thought and zeal in this direction, like an experienced and
watchful
shepherd, we found nothing more serious or dangerous to the christian state and
more
opposed to our holy desire than the fierce madness of armed conflicts. For, as
a
result
of them, Italy has been almost wiped out by internecine slaughter, cities and
territories
have been disfigured, partly overturned and partly levelled, provinces and
kingdoms have
been stricken, and people cease not to act with madness and to welter in
christian blood.
Hence we have judged that nothing should be given more importance,
consideration
and
attention than the quelling of these wars and the re-ordering of ecclesiastical
discipline in accordance with resources and circumstances, so that with God
appeased by a
change of life, after quarrels have been set aside, we may be able to bring
together and
gather into one the Lord's flock entrusted to our care, and to encourage and
arouse this
flock more readily, in a union of peace and harmony, as by a very strong
binding
force,
against the common enemies of the christian faith who are now threatening it .
This our intense desire for this campaign against the evil and implacable
enemies of the
cross of Christ is indeed so implanted in our heart that we determined to
continue and
follow up the sacred Lateran council -- which was summoned and begun by our
predecessor
of happy memory, Julius II, and interrupted by his death -- for that special
reason, as
is clear from all the different sessions held by us in the same council. Thus,
with the
christian princes or their spokesmen assembled at the same council, and
prelates
from
different parts of the world coming to it, once peace between these christian
princes had
been settled and (as is right) the noxious brambles of heresies had been first
uprooted
from the Lord's field, then the things necessary for the campaign against the
same
enemies, and what concerns the glory and triumph of the orthodox faith, and
various other
matters, could be happily decided upon by the timely advice and agreement of
all.
Although many distinguished men, outstanding in every branch of learning, came
from
different parts of Europe to this council, which had been solemnly summoned and
duly
proclaimed, many also, legitimately hindered, sent their instructions in
official form.
However, because of the difficulties from wars and circumstances as a result of
which
many territories have been blocked by hostile arms for a long time, the
resources and
large numbers which we desired could not be assembled. Moreover, that we have
not as yet
sent the specially appointed legates to kings and princes to promote union and
peace
between the same rulers -- something that perhaps seems necessary to many and
that we too
think is especially opportune -- cannot be attributed to us. The reason, of
course, why
we refrained from doing so is this: nearly all the princes made it known by
letters and
messages to us, that the sending of legates was not at all necessary or
expedient.
Nevertheless, we sent men of discretion and proved loyalty, endowed with the
rank of
bishop, as our envoys to those very princes who were undertaking serious armed
activity
among themselves and, as far as could be guessed, rather bitter wars. It has
come about,
especially by the action of these envoys, that truces have been agreed between
some of
the princes and the rest are thought to be on the point of giving their
consent.
Therefore we shall not put off sending the special legates, as we decided in
the
last
session, whenever this is necessary and profitable for the setting up of a
stable and
lasting peace among them, and as we previously proposed. In the meantime, we
shall not
cease to act and reflect on what is relevant to the situation, with the
spokesmen of the
same princes who are negotiating with us, and to press on and exhort them and
their
princes to this action by means of our envoys and letters.
Oh that the almighty and merciful God would assist from on high our plans for
peace and
our constant thoughts, would regard the faithful people with more benevolent
and
favourable eyes and, for the sake of common safety and peace and for the
suppression of
the haughty madness of the wicked enemies of the christian name, would give a
propitious
hearing to their devout prayers ! By our apostolic authority, we enjoin on each
and every
primate, patriarch and archbishop, on chapters of cathedral and collegiate
churches, both
secular and those belonging to any of the religious orders, on colleges and
convents, on
leaders of peoples, deans, rectors of churches and others who have charge of
souls, and
on preachers, alms-collectors and those who expound the word of God to the
people, and we
order in virtue of holy obedience, that within the celebration of masses,
during
the time
that the word of God is being set before the people or outside that time, and
in
prayers
which they will say in chapter or as convents, or at some other time in any
kind
of
gathering, they are to keep the following special collects for the peace of
Christians
and for the confounding of the infidels respectively: O God, from whom holy
desires, and,
O God, in whose hands are all power and authority over kingdoms, look to the
help of
Christians. And they are no less to enjoin on members of their dioceses and on
any other
persons of either sex, whether ecclesiastical or secular, over whom they have
authority
by reason of a prelature or any other ecclesiastical position of authority, and
to
encourage in the Lord those to whom God's word is proposed on their own or
another's
responsibility, that they should pour forth in private devout prayers to God
himself and
to his most glorious mother, in the Lord's prayer and the Hail Mary, for the
peace of
Christians (as mentioned above) and for the complete destruction of the
infidels.
Further, whoever of those mentioned above think that, by influence or favour
with secular
princes of any rank, distinction or dignity, or with their advisers,
associates,
attendants or officials, or with the magistrates, rectors and lieutenants of
cities,
towns, universities or any secular institutions, or with other persons of
either
sex,
ecclesiastical or secular, they can take steps towards a universal or
particular
peace
between princes, rulers and christian peoples, and towards the campaign against
the
infidels, let them use strong encouragement and lead them on to this peace and
the
campaign. By the tender mercy of our God and the merit of the passion of his
only-
begotten Son, Jesus Christ, we exhort all of them with all possible emotion of
our heart,
and we counsel them by the authority of the pastoral office which we exercise,
to lay
aside private and public enmities and to turn to embracing the endeavour for
peace and
deciding on the aforesaid campaign.
We strictly forbid each and every prelate, prince or individual, whether
ecclesiastical
or secular, of whatever state, rank, dignity, pre-eminence or condition they
may
be,
under threat of the divine judgment, to presume to introduce in any way,
directly or
indirectly, openly or secretly, any obstacle to the said peace which is to be
negotiated
by us or by our agents, whether legates or envoys of the apostolic see endowed
(as said
before) with the episcopal rank, for the defence of the christian state of the
faithful.
Those who, in working towards this peace, think that there is involved
something
of a
private or a public nature that is of importance to their princes, cities or
states, the
care for whom or which pertains to them because of some office or public
function should,
as far as it will be possible in the Lord, with due moderation and calm take
control of
the matter inasmuch as it involves support and goodwill towards the coming
peace. Indeed,
those who wish to rouse the faithful by Christ's spiritual gifts, when these
are
duly
contrite and absolved, and to pour out devout prayers for obtaining peace and
for
deciding on the expedition, so that the said peace and the campaign against the
said
enemies of the christian faith may be brought about and be secured from God
himself, will
devote worthwhile and well-considered efforts as often as they do this. These
prayers,
offered with devotion, should take place in masses, sermons and other divine
services, in
collegial, conventual and other public or communal prayers, and among princes,
advisers,
officials, governors and other persons named above who seem to have some
influence in
making or arranging the peace and in deciding (as said before) on the campaign
against
the enemies of the unconquered cross.
Trusting in the mercy of God and the authority of his blessed apostles Peter
and
Paul, we
grant remission of one hundred days of imposed penances to those who,
individually and in
private, offer prayers to obtain the foregoing from God; seven times each day
if
they do
it so often or, if fewer, as often as they shall do it; until the universal
peace --
which is receiving our constant attention -between princes and peoples at
present in
armed dispute has been established, and the campaign against the infidels has
been
decreed with our approval. We lay an obligation on our venerable brothers,
primates,
patriarchs, archbishops and bishops, to whom the present letter or copies of
it,
accurately printed either in Rome or elsewhere, shall come under official
seals,
to have
it published with all possible speed in their provinces and dioceses, and to
give firm
instructions for its due execution.
In the meantime, with the approval of the sacred council, we have decreed, as
we
proposed
and desired with all our heart, the ecclesiastical reform of our curia and of
our
venerable brothers, the cardinals of the holy Roman church, and of others
dwelling in
Rome, and many other necessary things, which will be contained in our other
letters due
for publication in this same session. It was Julius, our predecessor, who
summoned to
this council all those who were accustomed to attend councils. He gave them a
comprehensive safe-conduct so that they could make the journey and arrive
safely
and
unharmed. However, many prelates who ought to have come have so far not
arrived,
perhaps
because of the obstacles already stated. In our desire to go ahead with the
more
serious
business due in the next session, we appeal to in the Lord, and we ask and
counsel by the
tender mercy of the same, prelates, kings, dukes, marquises, counts and others
who
usually come or send someone to a general council, but who have not yet
provided
spokesmen or legitimate instructions, to decide with all possible speed either
to come in
person or to send chosen and competent envoys, with valid instructions, to this
sacred
Lateran council which is so beneficial to the christian state.
With regard to those venerable brethren, patriarchs, archbishops, bishops,
abbots and
prelates - especially those bound under oath to visit the place of the apostles
Peter and
Paul at certain fixed times, and to attend in person general councils which
have
been
summoned, including those under that obligation at the time of their promotion
-
- whose
obstinacy as being non-attenders at various sessions became a matter of
frequent
accusation by the sponsor of the same council, there is to be found in solemn
form both a
petition for proceedings against them and a statement of the censures and
penalties
incurred. This is notwithstanding any privileges, concessions and indults that
were
granted confirmed or renewed by us or our said predecessors in favour of them
and their
churches, monasteries and benefices. These we annul and invalidate through our
certain
knowledge and fullness of power, considering them to be fully stated here. We
impose in
virtue of holy obedience, and we strictly command under the penalties of
excommunication
and perjury and others derived from law or custom, and in particular from the
letter
which summoned and proclaimed the said Lateran council and was promulgated by
our
predecessor, Julius himself that they must attend in person the said Lateran
council and
remain in Rome until it has reached its conclusion and been terminated by our
authority,
unless they are prevented by some legitimate excuse. And if (as we said) they
have
somehow been prevented, they are to send their suitably qualified
representatives with a
full mandate on the matters that will have to be treated, dealt with and
advised
upon.
In order to remove completely all excuse and leave no pretext of any impediment
to anyone
who is obliged to attend, in addition to the public guarantee which was clearly
granted
at the summoning of this council to all coming to it we give, concede and
grant,
acting
on the advice and power mentioned above with the same council's approval, to
each and all
who have been accustomed to be present at the meetings of general councils and
are coming
to the present Lateran council, as well as to members of their personal staff,
of
whatever status rank, order and condition or nobility they may be,
ecclesiastical and
secular, a free, safe and secure safe-conduct and, by apostolic authority in
the
meaning
of the present letter, full protection in all its aspects, for themselves and
for all
their possessions of any kind as they pass through cities, territories and
places, by sea
and land, which are subject to the said Roman church, for the journey to the
Lateran
council in Rome, for remaining in the city of freedom, for exchanging views
according to
their opinions, for departing therefrom as often as they may wish and also
after
four
months from the conclusion and dispersal of the said council; and we promise to
give
readily other safe-conducts and guarantees to those desiring to have them. Each
and all
of these visitors we shall deal with and welcome with kindness and charity.
Under the threat of the divine majesty and of our displeasure, and of the
penalties
against those impeding the holding of councils, particularly the said Lateran
council,
which are contained and set down in law or in the letter of the aforesaid
summons of our
predecessor, we are instructing each and all secular princes, of whatever
exalted rank
they may be, including imperial, royal, queenly, ducal or any other, the
governors of
cities, and citizens governing or ruling their states, to grant to the prelates
and
others coming to the said Lateran council a free permission and licence, a
safe-
conduct
for coming and returning, and a free and unharmed transit through the
dominions,
lands
and property of theirs through which the said persons must pass together with
their
equipment, possessions and horses; all exceptions and excuses being completely
set aside
and without force.
In addition we order and command, under pain of our displeasure and of other
penalties
which can be inflicted at our will, each and all of our people who bear arms,
both
infantry and cavalry, their commanders and captains, the castellans of our
fortresses,
the legates, governors, rulers, lieutenants, authorities, officials and vassals
of the
cities and territories that are subject to the said Roman church, and any
others
of
whatever rank, status, condition or distinction they may be, to give
permission,
and to
be responsible for the giving of permission, to those coming to the Lateran
council, to
pass through in freedom, safety and security, to stay, and to return, so that
such a
holy, praiseworthy and very necessary council may not be frustrated for any
reason or
pretext, and that those coming to it may be able to live in peace and calm and
without
restraint and to say and develop under the same conditions the things which
concern the
honour of almighty God and the standing of the whole church. This we enjoin
notwithstanding any constitutions, apostolic ordinances, imperial laws or
municipal
statutes and customs (even those reinforced by oath and apostolic confirmation
or by any
other authority) which could modify in any respect or impede in any way the
said
safe-
conduct and guarantee, even if the constitutions etc. were of such a kind that
an
individual, precise, clear and distinct form of speech, or some other clearly
stated
expression, should be employed regarding them, and not just general clauses
which only
imply the matter, for we consider the significance of all the above things to
be
clearly
stated by the present letter, as if they had been included word for word. Let
nobody
therefore . . . If anyone however . . .
[Bull on reform of the curia]
Leo, bishop, servant of the servants of God, with the approval of the sacred
council, for
an everlasting record. It is eminently fitting for the Roman pontiff to carry
out the
duty of a provident shepherd, in order to care for and keep safe the Lord's
flock
entrusted to him by God, since, by the will of the supreme ordinance by which
the things
of heaven and of earth are arranged by ineffable providence, he acts on the
lofty throne
of St Peter as vicar on earth of Christ, the only-begotten Son of God. When we
notice,
out of solicitude for our said pastoral office, that church discipline and the
pattern of
a sound and upright life are worsening, disappearing and going further astray
from the
right path throughout almost all the ranks of Christ's faithful, with a
disregard for law
and with exemption from punishment, as a result of the troubles of the times
and
the
malice of human beings, it must be feared that, unless checked by a well-guided
improvement, there will be a daily falling into a variety of faults under the
security of
sin and soon, with the appearance of public scandals, a complete breakdown. We
desire,
then, as far as it is permitted to us from on high, to check the evils from
becoming too
strong, to restore a great many things to their earlier observance of the
sacred
canons,
to create with God's help an improvement in keeping with the established
practice of the
holy fathers, and to give -- with the approval of the sacred Lateran council
initiated
for that reason, among others, by our predecessor of happy memory, pope Julius
II, and
continued by us -healthy guidance to all these matters.
In order to make a start, we take up the points which for the present seem more
appropriate and which, having often been neglected during particular
generations, have
brought great loss to the christian religion and produced very great scandals
in
the
church of God. We have therefore decided to begin with preferment to
ecclesiastical
dignities. Our predecessor of devout memory, pope Alexander III, also in a
Lateran
council, decreed that age, a serious character and knowledge of letters are to
be
carefully examined in the preferment of individuals to bishoprics and abbacies.
Moreover,
nothing impedes the church of God more than when unworthy prelates are accepted
for the
government of churches. Therefore, in the preferment of prelates, the Roman
pontiffs must
give much attention to the matter, especially because they will have to give an
account
to God at the last judgment about those given preferment by them to churches
and
monasteries. Consequently, we rule and establish that henceforward, in
accordance with
the constitution of the aforesaid Alexander III, for vacant churches and
monasteries of
patriarchal, metropolitan and cathedral status, the person provided is to be of
mature
age, learning and serious character, as said above, and the provision is not to
be made
at someone's urging, by means of recommendation, direction or enforcement, or
in
any
other way, unless it has seemed right to act differently on the grounds of
advantage to
the churches, prudence, nobility, uprightness, experience, lengthy contact with
the curia
(together with adequate learning), or service to the apostolic see. We wish the
same to
be observed regarding the persons elected and chosen in elections and choices
that have
customarily been admitted by the apostolic see. But if the question arises of
providing
for churches and monasteries of this kind with persons of less than thirty
years
of age,
there can be no dispensation for them to be in charge of churches before their
twenty-
seventh year of age or of monasteries before their twenty-second year.
Indeed, so that suitable persons may be advanced with greater exactness and
care, we rule
that the cardinal to whom the reporting on an election, appointment or
provision
to a
church or monastery has been entrusted, ought, before he gives an account in
the
sacred
consistory (as the custom is) of his carrying out of such an examination or
report
assigned to him, to make his report known to one of the older cardinals of each
grade,
personally in the actual consistory, or, if there was no consistory on the day
appointed
for him to give his account, then by means of his secretary or some other
member
of his
personal staff, and the three older cardinals in question are bound to
communicate the
report as soon as possible to the other cardinals of their grade. The said
cardinal
making the report shall personally examine the business of the election,
administration,
appointment or promotion in summary and extra-judicial fashion. If any have
spoken
against it, he is obliged to call, after the objectors have been summoned,
competent,
responsible and trustworthy witnesses and, if it should be necessary or
appropriate,
others by virtue of office. He is bound to bring with him to the consistory, on
the day
the report has to be made, the stages and decisions of the report together with
the
statements of the witnesses, and he shall not give his report in any form until
the
person to be promoted, if he is at the curia, shall have first visited the
majority of
the cardinals in order that they may be able to learn at first hand, insofar as
it is
relevant to his character, what they shall soon learn from the report of their
colleague.
Moreover, the person promoted is obliged, by longstanding practice and laudable
custom,
to visit as soon as possible the same cardinals who are then in the curia. This
practice
and praiseworthy custom, indeed, we renew and command to be kept without
change.
Since it is right to maintain episcopal dignity unharmed, and for it to be
protected from
indiscriminate exposure to the attacks of wicked persons and to the false
charges of
accusers, we decree that no bishop or abbot may be deprived of his rank when
anyone urges
a charge or presses demands (unless the opportunity for a legitimate defence is
afforded
to him), even if the charges have been widely known and, after the parties have
been
attentively heard, the case has been fully proved; nor may any prelate be
transferred
against his will, except for other just and efficacious reasons and causes, in
accordance
with the terms and decree of the council of Constance.
Also, as a result of commendams for monasteries, the monasteries themselves (as
experience, a practical mistress, has quite often taught) are seriously damaged
in
spiritual and temporal matters because their buildings fall into decay, partly
through
the negligence of the commendatories and partly through greed or lack of
interest, divine
worship is gradually reduced, and matter for contempt is generally offered
especially to
secular persons, not without a lessening of the standing of the apostolic see,
from which
commendams of this kind originate. In order that sounder measures may be taken
to secure
these monasteries from damage, we will and decree that when vacancies occur
through the
death of the abbot in charge, they cannot be given in commendam to anyone by
any
agreement unless it seems right to us to decide otherwise, in accordance with
the actual
circumstances and with the advice of our brothers, so as to protect the
authority of the
apostolic see and to oppose the evil designs of those attacking it .
But let such monasteries be provided with competent persons, in keeping with
the
above-
mentioned constitution, so that suitable abbots will have charge of them (as is
fitting).
Such monasteries may be given in commendam, when the original commendam no
longer exists
on account of the resignation or death of the commendatory, only to cardinals
and to
qualified and well-deserving persons; and in such a way that the commendatories
of the
monasteries, whatever their dignity, honour and high rank may be, even if they
enjoy the
status and dignity of a cardinal, are obliged, if they have meals in private,
apart from
the common table, to assign a quarter of their board for the renewal of the
fabric, or
for the purchase or repair of furnishings, clothings and adornment, or for the
maintenance or sustenance of the poor, as the greater need demands or suggests
.
If,
however, they share board completely, a third part of all the resources of the
said
monastery committed to the commendatory must be assigned, after all other
imposts have
been deducted, to the above-mentioned burdens and to the sustenance of the
monks.
Moreover, letters which are drawn up regarding such commendams to monasteries
ought to
contain a clause specifically stating this. If they are drawn up in some other
form, they
are of no worth or value .
Since it is fitting for such churches to be provided for without any loss of
revenues, in
such a way that both the honour of those in charge and the need of the churches
and
buildings are considered, we decree and rule that pensions may never be
reserved
from the
incomes of these churches except on account of a resignation or for some other
reason
which has been considered credible and honourable in our secret consistory. We
also rule
that henceforth parochial churches, major and principal dignities and other
ecclesiastical benefices whose rents, revenues and produce by ordinary
reckoning
do not
amount to an annual value of two hundred golden ducats of the treasury, and
also
hospitals, leperhouses and hostels of any importance which have been set up for
the use
and provisioning of the poor, shall not be given in commendam to cardinals of
the holy
Roman church, or conferred on them by any other title, unless they have become
vacant by
the death of a member of their household. In the latter case they can be given
in
commendam to cardinals, but these are bound to dispose of them within six
months
for the
benefit of such persons as are suitable and in good relations with them. We do
not wish,
however, to prejudge the cardinals further with respect to benefices to which
they may
have a reserve claim .
We also ordain that members of churches, monasteries or military orders may not
be
detached or separated from their head -- which is absurd -- without legitimate
and
reasonable cause. Perpetual unions, apart from cases permitted by law or on
some
reasonable grounds, are not permitted at all. Dispensations for more than two
incompatible benefices are not to be granted, except for great and pressing
reasons or to
qualified persons according to the form of common law . We set a limit of two
years on
persons of whatever rank who obtain more than four parish churches and their
perpetual
vicarages, or major and principal dignities, even if by way of union or
commendam for
life. They are bound to release the rest, only four being retained in the
meantime. Such
benefices, due for release, can be resigned into the hands of the ordinaries so
that they
may be provided with persons nominated by them; notwithstanding any
reservations, even
those of a general nature or resulting from the quality of the persons
resigning. Once
the period of two years is past, all the benefices that have not been disposed
of may be
reckoned as vacant and may freely be applied for as vacant. Those who hold on
to
them
incur the penalties of the constitution Execrabilis of our memorable
predecessor, pope
John XXII. We also rule that special reservations of any benefice are in no way
to be
granted at the urging of anyone .
On cardinals
Since the cardinals of the holy Roman church take precedence in honour and
dignity over
all the other members of the church after the sovereign pontiff, it is proper
and right
that they be distinguished beyond all others by the purity of their life and
the
excellence of their virtues. On that account, we not only exhort and advise
them
but also
decree and order that henceforth each of the cardinals following the teaching
of
the
Apostle, so live a sober, chaste and godly life that he shines out before
people
as one
who abstains not merely from evil but from every appearance of evil . In the
first place,
let him honour God by his works . Let all of them be vigilant, constant at the
divine
office and the celebration of masses, and maintain their chapels in a worthy
place, as
they were wont to do .
Their house and establishment, table and furniture, should not attract blame by
display
or splendour or superfluous equipment or in any other way, so as to avoid any
fostering
of sin or excess, but, as is right, let them deserve to be called mirrors of
moderation
and frugality. Therefore, let them find satisfaction in what contributes to
priestly
modesty; let them act with kindness and respect both in public and in private,
towards
prelates and other distinguished persons who come to the Roman curia; and let
them
undertake with grace and generosity the business committed to them by ourself
and our
successors .
Moreover, let them not employ bishops or prelates in demeaning tasks in their
houses, so
that those who have been appointed to give direction to others and who have
been
clad in
a sacred character, will not lower themselves to menial chores and generally
bring about
a lack of respect for the pastoral office . Consequently, let them treat with
honour as
brothers, and as befits their state of life, those whom they have or will have
in their
houses. Since the cardinals assist the Roman pontiff, the common father of all
Christians, it is very improper for them to be patrons of or special pleaders
for
individuals. We have therefore decided, lest they adopt partiality of any kind,
that they
are not to set up as promoters or defenders of princes or communities or of any
other
persons against anyone, except to the extent that justice and equity demands
and
the
dignity and rank of such people requires. Rather, separated from all private
interest,
let them be available and engage with all diligence in calming and settling any
disputes.
Let them promote with due piety the maintenance of the just business of princes
and all
other persons, especially the poor and religious, and let them offer help in
accordance
with their resources and their official responsibility to those who are
oppressed and
unjustly burdened .
They are to visit at least once a year -- in person if they have been present
in
the
curia, and by a suitable deputy if they have been absent -- the places of their
titular
basilica. They are, with due care, to keep themselves informed about the clergy
and
people of the churches subject to their basilica; they are to keep under review
the
divine worship and the properties of the said churches; above all, let them
examine with
care the lives of the clergy and their parishioners, and with a father's
affection
encourage one and all to live an upright and honourable life . For the
development of
divine worship and the salvation of his own soul, each cardinal should give to
his
basilica during his lifetime, or bequeath at the time of his death, a
sufficient
amount
for the suitable sustenance there of one priest; or, if the basilica needs
repairs or
some other form of aid, let him leave or donate as much as he may in conscience
decide.
It is entirely unfitting to pass over persons related to them by blood or by
marriage,
especially if they are deserving and need help. To come to their assistance is
just and
praiseworthy. But we do not consider that it is appropriate to heap on them a
great
number of benefices or church revenues, with the result that an uncontrolled
generosity
in these matters may bring wrong to others and may cause scandal. Consequently
we have
determined that they are not to squander thoughtlessly the goods of the
churches, but are
to apply them in works of devotion and piety, for which great and rich returns
have been
assigned and ordained by the holy fathers .
It is also our wish that they take care, without making any excuse, of the
churches
entrusted to them in commendam, whether these be cathedrals, abbeys, priories,
or any
other eeclesiastical benefices that they take measures, with all personal
effect, to see
that the cathedrals are duly served by the appointment of worthy and competent
vicars or
suffragans, according to what has been customary, with an appropriate and
adequate
salary; and that they provide for the other churches and monasteries held by
them in
commendam with the right number of clerics or chaplains, whether religious or
monks, for
the adequate and praiseworthy service of God. Let them also maintain in proper
condition
the buildings, properties and rights of any kind, and repair what has crumbled,
in
accordance with the duty of good prelates and commendatories . We also judge
that the
said cardinals are to use great discretion and careful foresight with regard to
the
number of their personal attendants and horses lest by having a greater number
than their
resources, situation and dignity permit, they can be accused of the vice of
over-display
and extravagance. Let them not be accounted greedy and squalid on the grounds
that they
enjoy great and plentiful revenues and yet offer sustenance to very few; for
the
house of
a cardinal ought to be an open lodging, a harbour and refuge for upright and
learned
persons, especially men, for nobles who are now poor and for honourable
persons.
Hence
let them be prudent about the manner and quantity of what has to be kept, and
carefully
check the character of their personal attendants, lest they themselves incur
from the
vices of others the shameful stain of dishonour and provide real opportunities
for
contradictions and false accusations .
Since very special provision must be made that our deeds be approved not only
before God,
whom we ought to please in the first place, but also before peoplel so that we
can offer
to others an example to be imitated, we ordain that every cardinal show himself
an
excellent ruler and overseer of his house and personal staff, with regard to
both what is
open for all to see and what lies hidden within . Therefore let each of them
have the
priests and deacons clad in respectable garments, and make careful provision
that no one
in his household who holds a benefice of any type, or is in holy orders, wears
multi-
coloured clothes or a garment that has little connection with ecclesiastical
status.
Those in the priesthood, therefore, ought to wear clothes of colours which are
not
forbidden to clerics by law and are of at least ankle length. Those who hold
high office
in cathedrals, canons of the said cathedrals those holding the chief posts in
colleges,
and chaplains of cardinals when celebrating masses, are obliged to wear a head-
covering
in public. Shield-bearers are permitted garments somewhat shorter than ankle-
length.
Grooms, because they are generally moving about and perform a somewhat
burdensome
service, can use shorter and more suitable garments, even if they happen to be
clerics,
so long as they are not ordained priests; but in such a way that they do not
cast aside
decency and they so conduct themselves that their behaviour is in keeping with
their
position in the church . Other clerics are to do everything with due proportion
and
restraint. Both clerics holding benefices and those in holy orders are not to
pay special
attention to their hair and beards, nor to possess mules or horses with
trappings and
ornaments of velvet or silk, but for articles of this kind let them use
ordinary
cloth or
leather .
If anyone of the aforesaid staff acts otherwise, or wears such forbidden
garments after
three months from the announcement of the present regulations, despite being
given a
legitimate warning, he incurs excommunication. If he has not corrected himself
within a
further three months, he is understood to be suspended from receiving the
fruits
of the
benefices which he holds. And if he remains fixed in this obstinacy for another
six
months, after a similar legal warning, he is to be deprived of all the
benefices
which he
holds, and he is to be considered as so deprived. The benefices thus made
vacant
may be
freely sought from the apostolic see. We wish each and every one of these
arrangements to
apply to the households of ourself and any future Roman pontiffs, and likewise
to all
other beneficed clerics or persons in holy orders, even those in the curia .
There is one
single exception: the said attendants of ourself and future Roman pontiffs may
wear red
garments, in keeping with what is proper and usual for the papal dignity .
Since the care of the most important business is the special concern of
cardinals, it is
for them to use their ability to know which regions have been infected by
heresies,
errors and superstitions opposed to the true orthodox faith; where the
ecclesiastical
discipline of the Lord's commandments is lacking; and which kings and princes
or
peoples
are being troubled, or fear to be troubled, by wars. Cardinals shall apply
themselves to
obtain information on these and similar matters and make a report to us or the
current
Roman pontiff so that, by earnest effort, opportune and saving remedies for
such
evils
and afflictions can be thought out. Since by frequent, almost daily, experience
it is
known that many evils quite often occur to provinces and cities on account of
the absence
of their own officially appointed legates, and various scandals are springing
up
which
are not without disadvantages to the apostolic see, we decree and ordain that
cardinals
who are in charge of provinces or cities, under the title of legates, may not
administer
them through lieutenants or officials, but they are obliged to be present in
person for
the greater part of the time, and to rule and govern them with all vigilance.
Those who
now hold the title of legate, or will hold it for a time, are obliged to go to
their
provinces -- within three months from the date of the present proclamation if
the
provinces are in Italy, and within five months if they are outside Italy -- and
to reside
there for the greater part of the time, unless, by a command from us or our
successors,
they are held back in the Roman curia for some business of greater moment or
are
sent to
other places as needs demand. In the latter cases, let them have in the said
provinces
and cities vice-legates, auditors, lieutenants and the other usual officials
with due
arrangements and salaries. Anyone who does not observe each and all of the
above
regulations is to be deprived of all the emoluments of his post as legate.
These
regulations were formulated and established long ago with this object: that the
ready
presence of the legates would be beneficial to the peoples; not that, being
free
from
toils and cares, under cover of being the legate, they would fix their
attention
only on
profit .
Since the duty of a cardinal is primarily concerned with regular assistance to
the Roman
pontiff and the business matters of the apostolic see, we have decided that all
cardinals
shall reside at the Roman curia, and those who are absent are to return within
six months
if they are in Italy, or within a year from the day of promulgation of this
present
constitution if they are outside Italy. If they do not they are to lose the
fruits of
their benefices and the emoluments of all their offices; and they lose
completely, as
long as they arc absent, all privileges granted in general and in particular to
cardinals. Those cardinals are excepted, however, who happen to be absent by
reason of a
duty imposed by the apostolic see, or of a command or permission from the Roman
pontiff,
or from reasonable fear or any other motive which justifiably excuses, or for
health
reasons . Moreover, the privileges, indults and immunities granted to the said
cardinals
and contained or declared in our bull under the date of our coronation1{Bull
Licat Romani
pontificis,9 April 1513; see Regesta Leonis X no. 14} remain in full force. We
have also
decided that the funeral expenses of cardinals, when all costs are included,
ought not to
exceed the total of 1,500 florins, unless the previous arrangement of the
executors --
after just grounds and reasons have been set out -- has reckoned that more
should be
spent. The funeral rites and formal mourning are to be on the first and ninth
days;
within the octave, however, masses may be celebrated as usual .
Out of reverence towards the apostolic see, for the advantage and honour of the
pontiff
and the cardinals, in order that the possibility of scandals which could come
to
light
may be removed and a greater freedom of votes in the holy senate may exist, and
that, as
is right, it may be lawful for each cardinal to say freely and without penalty
whatever
he feels before God and his own conscience, we lay down that no cardinal may
reveal in
writing or by word or in any other way, under pain of being a perjurer and
disobedient,
the votes that were given in the consistory, or whatever was done or said there
which
could result in hatred or scandal or prejudice with regard to anyone, or
whenever silence
on any point beyond the foregoing has been specially and clearly enjoined by
ourself or
the Roman pontiff of the time. If anyone acts to the contrary he incurs, as
well
as the
punishments stated, immediate excommunication from which, except in immediate
danger of
death, he can only be absolved by ourself or the Roman pontiff of the time, and
with a
declaration of the reason .
Reforms of the curia and of other things
Since every generation inclines to evil from its youth, and for it to grow
accustomed
from tender years towards good is the result of work and purpose we rule and
order that
those in charge of schools, and those who teach young children and youths,
ought
not only
to instruct them in grammar, rhetoric and similar subjects but also to teach
those
matters which concern religion, such as God's commandments, the articles of the
faith,
sacred hymns and psalms, and the lives of the saints. On feast days they should
limit
themselves to teaching what has reference to religion and good habits, and they
are
obliged to instruct, encourage and compel their pupils in these matters insofar
as they
can. Thus, let them attend churches not only for masses, but also to listen to
vespers
and the divine offices, and let them encourage the hearing of instructions and
sermons .
Let them not teach anything to their pupils that is contrary to good morals or
may lead
to a lack of reverence .
To wipe out the curse of blasphemy, which has increased beyond measure towards
a
supreme
contempt for the divine name and for the saints, we rule and ordain that
whoever
curses
God openly and publicly and, by insulting and offensive language, has expressly
blasphemed our lord Jesus Christ or the glorious virgin Mary, his mother, if he
has held
a public office or jurisdiction, he is to lose three months' emoluments of his
said
office for the first and second offence, and if he has committed the fault a
third time,
he is automatically deprived of his post. If he is a cleric or a priest, he is
to be
punished further as follows for being found guilty of such a fault: for the
first time he
blasphemed, he is to lose the fruits of whatever benefices he held for one
year;
for the
second time he offended and was convicted, he is to be deprived of his benefice
if he
held only one, and if he held several then he is to be compelled to lose the
one
that his
ordinary decides upon; if he is charged and convicted for a third time, he is
automatically deprived of all the benefices and dignities that he holds, he is
rendered
incapable of holding them any longer, and they can be freely asked for and
allotted to
others. A lay person who blasphemes, if he is a noble, is to be fined a penalty
of
twenty-five ducats; for the second offence the fine is fifty ducats, which are
to be
applied to the fabric of the basilica of the prince of the apostles in Rome;
for
other
offences he is to be punished as set out below; for a third fault, however, he
is to lose
his noble status. If he is of no rank and a plebian, he is to be cast into
prison. If he
has been caught committing blasphemy in public more than twice, he is to be
compelled to
stand for a whole day in front of the entrance of the principal church, wearing
a hood
signifying his infamy; but if he has fallen several times into the same fault,
he is to
be condemned to permanent imprisonment or to the galleys, at the decision of
the
appointed judge. In the forum of conscience, however, nobody guilty of
blasphemy
can be
absolved without a heavy penance imposed by the decision of a strict confessor
.
We wish
those who blaspheme against the other saints to be punished somewhat more
lightly, at the
decision of a judge who will take account of individuals .
We also decree that secular judges who have not taken action against such
convicted
blasphemers and have not imposed rightful penalties on them, insofar as they
are
able to,
are to be subjected to the same penalties as if they had been involved in the
said crime.
But those who have exercised care and severity in their examinations and
punishments,
will gain for each occasion an indulgence of ten years and may keep a third of
the fine
imposed. Any persons who have heard the blasphemer are obliged to rebuke him
sharply in
words, if it should happen that this can be done without danger to themselves,
and they
are obliged to report the same or bring it to the knowledge of an
ecclesiastical
or
secular judge within three days. But if several persons have at the same time
heard the
said blasphemer committing the fault, each one is obliged to make an accusation
against
him, unless perhaps they all agree that one will perform the task for all . We
urge and
counsel in the Lord all the said persons, in virtue of holy obedience, that
they
command
and ensure, for the reverence and honour of the divine name, that all the
foregoing are
kept and very exactly carried out in their lordships and lands. Thus they will
have from
God himself an abundant reward for such a good and pious deed, and they too
will
obtain
from the apostolic see an indulgence of ten years, and a third of the fine by
which the
blasphemer is punished, as often as they have taken the trouble to have such a
crime
punished . It is likewise our will that this indulgence and the remaining third
of the
fine imposed be granted and assigned to the person reporting the name of the
blasphemer.
Moreover, other penalties set down in the sacred canons against such
blasphemers
remain
in force .
In order that clerics, especially, may live in continence and chastity
according
to
canonical legislation, we rule that offenders be severely punished as the
canons
lay
down. If anyone, lay or cleric, has been found guilty of a charge on account of
which the
wrath of God comes upon the sons of disobedience, let him be punished by the
penalties
respectively imposed by the sacred canons or by civil law. Those involved in
concubinage,
whether they be lay or cleric, are to be punished by the penalties of the same
canons.
Concubinage is not to be allowed by the tolerance of superiors, or as an evil
custom of a
great number of sinners, which should rather be called a corruption, or under
any other
excuse; but let those involved be punished severely in accordance with the
judgment of
the law .
Moreover, for the good and peaceful government of cities and all places subject
to the
Roman church, we renew the constitutions published some time ago by Giles, the
well-
remembered bishop of Sabina, and we enjoin and command that they be kept
without
alteration .
So that the stain and disease of abominable simony may be driven out for ever
not only
from the Roman curia but also from all christian rule, we renew the
constitutions issued
by our predecessors, also in sacred councils, against simoniacs of this kind,
and we
prescribe that they be observed unaltered. We wish the penalties they contain
to
be
regarded as clearly stated and included herein, and the offenders to be
punished
by our
authority .
We rule and order that anyone who holds a benefice with or without the care of
souls, if
he has not recited the divine office after six months from the date of his
obtaining the
benefice, and any legitimate impediment has come to an end may not receive the
revenues
of his benefices, on account of his omission and the length of time, but he is
bound to
spend them, as being unjustly received, on the fabric of the benefices or on
alms to the
poor. If he obstinately remains in such negligence beyond the said period,
after
a
legitimate warning has been given, let him be deprived of the benefice, since
it
is for
the sake of the office that the benefice is granted. He is to be understood as
neglecting
the office, so that he can be deprived of his benefice, if he fails to recite
it
at least
twice during fifteen days . However, in addition to what has just been said, he
will be
obliged to offer to God an explanation for the said omission. The penalty on
those
holding several benefices may be repeated as often as they are proved to act
contrary to
these obligations .
The full disposal and administration of the revenues of cathedral and
metropolitan
churches, monasteries and any other ecclesiastical benefices belong exclusively
to us and
the Roman pontiff of the time, and to those who legally and canonically hold
churches,
monasteries and benefices of this kind. Secular princes ought in no way to
interpose
themselves in the said churches, monasteries and benefices, since all divine
law
also
forbids it. For these reasons we rule and command that the fruits and revenues
of
churches, monasteries and benefices ought not to be sequestrated, held or
detained in any
way by any secular rulers, even if they be the emperor, kings, queens,
republics
or other
powers, or by their officials, or by judges, even ecclesiastical ones, or by
any
other
persons public or private, acting at the command of the said emperor, kings,
queens
princes, republics or powers. Those who hold such churches, monasteries and
benefices
ought not to be impeded -- under the pretext of the restoration of the fabric
(unless
permission is expressly given by the Roman pontiff of the time) or of alms-
giving or
under any other guise or pretence -- so that they cannot freely and without
restriction,
as before, dispose of the fruits and revenues. If there have been
sequestrations,
seizures or retentions, then restoration of the fruits and revenues must be
made
totally,
freely, and without exception or delay, to the prelates to whom they pertain by
right and
by law. If they have been scattered and can nowhere be found, it is our will,
supported
by the penalty of excommunication or ecclesiastical interdict to be
automatically
incurred by the lands and domain of the ruler, that, after a just estimate has
been made
about them, the said prelates receive satisfaction through those who carried
out
the said
sequestrations, applications or dispersals or who gave orders for them to be
carried out;
and further, that their goods and the goods of those subject to them, wherever
these may
be found, may be seized and held if, after being warned, they refuse to obey.
Those who
act in a contrary manner do so under pain of both the penalties mentioned above
and those
of deprivation of the fiefs and privileges which they have obtained for a time
from us
and from the Roman or other churches, and of those issued against violators and
oppressors of ecclesiastical liberties, including those in extraordinary and
other
constitutions, even if they are unknown and perhaps not now in actual use. We
renew all
these penalties as stated and included herein, we decree and declare that they
have
perpetual force- and we will and order that sentence, judgment and
interpretation are to
be given according to them by all judges, even cardinals of the holy Roman
church, with
all power of judging and declaring otherwise being removed and taken away from
them .
Since no power over ecclesiastical persons is granted to lay people by either
divine or
human law, we renew the constitution of pope Boniface VIII, our predecessor of
happy
memory, which begins Felicis, and that of pope Clement V which begins Si quis
suadente,
and also any other apostolic ordinance, however issued, in favour of
ecclesiastical
freedom and against its violators . Moreover, the penalties against those who
dare to do
such things, contained in the bull In coena Domini3, are to remain in force. It
has
similarly been forbidden in the Lateran and general councils, under penalty of
excommunication, for kings, princes, dukes, counts, barons, republics and any
other
authorities exercising control over kingdoms, provinces, cities and
territories,
to
impose and exact money contributions, tithes and other similar imposts on or
from
clerics, prelates and any other persons of the church, or even to receive them
from those
who freely offer them and give their consent. Those who openly or covertly
provide help,
favour or advice in the aforesaid matters automatically incur the penalty of
immediate
excommunication; and states, communities and universities which are at fault in
any way
on this point are by this very fact to be subject to ecclesiastical interdict.
Prelates
also, who have given consent to the foregoing without the clear permission of
the Roman
pontiff, automatically incur the penalty of excommunication and removal from
office. For
these reasons we decree and ordain that henceforth those who attempt such
things, even if
(as mentioned) they are qualified, in addition to the aforesaid penalties which
we renew
and wish them to incur by the very fact of their contravention, are to be
regarded as
incapable of all legal acts and as intestable .
Sorcery, by means of enchantments, divinations, superstitions and the invoking
of demons,
is prohibited by both civil laws and the sanctions of the sacred canons. We
rule, decree
and ordain that clerics who are found guilty of these things are to be branded
with
disgrace at the judgment of superiors. If they do not desist, they are to be
demoted,
forced into a monastery for a period of time that is to be fixed by the will of
the
superior, and deprived of their benefices and ecclesiastical offices. Lay men
and women,
however, are to be subject to excommunication and the other penalties of both
civil and
canon law. All false Christians and those with evil sentiments towards the
faith, of
whatever race or nation they may be, as well as heretics and those stained with
some
taint of heresy, or Judaizers, are to be totally excluded from the company of
Christ's
faithful and expelled from any position, especially from the Roman curia, and
punished
with an appropriate penalty. For these reasons we rule that proceedings are to
be taken
against them, with careful enquiry everywhere and particularly in the said
curia, by
means of judges appointed by us, and that those accused and rightly convicted
of
these
offences are to be punished with fitting penalties; and we wish that those who
have
relapsed are to be dealt with without any hope of pardon or forgiveness .
Since these constitutions and ordinances which we are now establishing concern
life,
morals and ecclesiastical discipline, it is fitting that our own and other
officials,
both those in the Roman curia and those everywhere else, should be models of
and
bound to
them, and it is our will and decision that they be held to their observance by
an
inviolable bond. Lest these constitutions seem at any point to detract from
other
censures and penalties imposed by ancient laws and constitutions against those
acting
otherwise, even though they have been thought out and issued as a development,
we further
declare that nothing whatever has been taken away from common law or from other
decrees
of Roman pontiffs by these regulations and ordinances. Indeed, if any parts of
them have
lost their force through the evil corruption of times, places and people, or
through
abuse, or for any other unapprovable reason, we here and now renew and confirm
them and
order them to be observed without alteration . We decree and declare that these
our well-
pondered constitutions are to be of binding force from two months after
publication, and
we strictly forbid anyone to presume to make glosses or commentaries or
interpretations
on them without special permission from us or the apostolic see. Anyone who
rashly dares
to oppose this, incurs the penalty of immediate excommunication by this very
act
. Let
nobody therefore ... If anyone however.. .
SESSION 10
4 May 1515
[On the reform of credit organisations (Montes pietatis)]
Leo, bishop, servant of the servants of God, with the approval of the sacred
council, for
an everlasting record. We ought to give first place in our pastoral office,
among our
many anxious cares, to ensuring that what is healthy, praiseworthy, in keeping
with the
christian faith, and in harmony with good customs may be not only clarified in
our time
but also made known to future generations, and that what could offer matter for
scandal
be totally cut down, wholly uprooted and nowhere permitted to spread, while at
the same
time permitting those seeds to be planted in the Lord's field and in the
vineyard of the
Lord of hosts which can spiritually feed the minds of the faithful, once the
cockle has
been uprooted and the wild olive cut down. Indeed, we have learnt that among
some of our
dear sons who were masters in theology and doctors of civil and canon law,
there
has
recently broken out again a particular controversy, not without scandal and
disquiet for
ordinary people, with regard to the relief of the poor by means of loans made
to
them by
public authorities. They are popularly called credit organisations and have
been
set up
in many cities of Italy by the magistrates of the cities and by other
Christians, to
assist by this kind of loan the lack of resources among the poor lest they be
swallowed
up by the greed of usurers They have been praised and encouraged by holy men,
preachers
of God's word, and approved and confirmed also by a number of our predecessors
as popes,
to the effect that the said credit organisations are not out of harmony with
christian
dogma, even though there is controversy and different opinions regarding the
question .
Some of these masters and doctors say that the credit organisations are
unlawful. After a
fixed period of time has passed, they say, those attached to these
organisations
demand
from the poor to whom they make a loan so much per pound in addition to the
capital sum.
For this reason they cannot avoid the crime of usury or injustice, that is to
say a
clearly defined evil, since our Lord, according to Luke the evangelist, has
bound us by a
clear command that we ought not to expect any addition to the capital sum when
we grant a
loan. For, that is the real meaning of usury: when, from its use, a thing which
produces
nothing is applied to the acquiring of gain and profit without any work, any
expense or
any risk. The same masters and doctors add that in these credit organisations
neither
commutative nor distributive justice is observed, even though contracts of this
kind, if
they are to be duly approved, ought not to go beyond the bounds of justice.
They
endeavour to prove this on the grounds that the expenses of the maintenance of
these
organisations, which ought to be paid by many persons (as they say), are
extracted only
from the poor to whom a loan is made; and at the same time certain other
persons
are
given more than their necessary and moderate expenses (as they seem to imply),
not
without an appearance of evil and an encouragement to wrongdoing .
But many other masters and doctors say the opposite and, both in writing and in
speech,
unite in speaking in many of the schools in Italy in defence of so great a
benefit and
one so necessary to the state, on the grounds that nothing is being sought nor
hoped for
from the loan as such. Nevertheless, they argue, for the compensation of the
organisations -- that is, to defray the expenses of those employed and of all
the things
necessarily pertaining to the upkeep of the said organisations -- they may
lawfully ask
and receive, in addition to the capital, a moderate and necessary sum from
those
deriving
benefit from the loan, provided that no profit is made therefrom. This is in
virtue of
the rule of law that the person who experiences benefit ought also to meet the
charge,
especially when there is added the support of the apostolic authority. They
point out
that this opinion was approved by our predecessors of happy memory, the Roman
pontiffs
Paul II, Sixtus IV, Innocent VIII, Alexander VI and Julius II, as well as by
saints and
persons devoted to God and held in high esteem for their holiness, and has been
preached
in sermons about the gospel truth .
We wish to make suitable arrangements on this question (in accord with what we
have
received from on high). We commend the zeal for justice displayed by the former
group,
which desires to prevent the opening up of the chasm of usury, as well as the
love of
piety and truth shown by the latter group, which wishes to aid the poor, and
indeed the
earnestness of both sides. Since, therefore, this whole question appears to
concern the
peace and tranquility of the whole christian state, we declare and define, with
the
approval of the sacred council, that the above-mentioned credit organisations,
established by states and hitherto approved and confirmed by the authority of
the
apostolic see, do not introduce any kind of evil or provide any incentive to
sin
if they
receive, in addition to the capital, a moderate sum for their expenses and by
way of
compensation, provided it is intended exclusively to defray the expenses of
those
employed and of other things pertaining (as mentioned) to the upkeep of the
organisations, and provided that no profit is made therefrom. They ought not,
indeed, to
be condemned in any way. Rather, such a type of lending is meritorious and
should be
praised and approved. It certainly should not be considered as usurious; it is
lawful to
preach the piety and mercy of such organisations to the people, including the
indulgences
granted for this purpose by the holy apostolic see; and in the future, with the
approval
of the apostolic see, other similar credit organisations can be established. It
would,
however, be much more perfect and more holy if such credit organisations were
completely
gratuitous: that is, if those establishing them provided definite sums with
which would
be paid, if not the total expenses, then at least half the wages of those
employed by the
organisations, with the result that the debt of the poor would be lightened
thereby. We
therefore decree that Christ's faithful ought to be prompted, by a grant of
substantial
indulgences, to give aid to the poor by providing the sums of which we have
spoken, in
order to meet the costs of the organisations .
It is our will that all religious as well as ecclesiastical and secular persons
who
henceforth dare to preach or argue otherwise by word or in writing, contrary to
the sense
of the present declaration and sanction, incur the punishment of immediate
excommunication, notwithstanding any kind of privilege, things said above,
constitutions
and orders of the apostolic see, and anything else to the contrary .
[Bull against exempt persons, in which are included some points regarding
ecclesiastical
liberty and episcopal dignity]
Leo, bishop, servant of the servants of God, with the approval of the sacred
council, for
an everlasting record. Presiding over the government of the universal church
(the Lord so
disposing), we readily aim to secure the advantages of subjects, in conformity
with the
obligation of our pastoral office. In order to preserve the church's freedom,
to
remove
scandals, to establish harmony, and to foster peace between prelates of
churches
and
those subject to them, we apply the effort of apostolic care in proportion as
experience
shows that disagreement between such groups will be harmful. Thus we are glad
to
regulate
the indults and privileges granted to the same subjects by both our
predecessors
and the
apostolic see, at the expense of the prelates concerned, in such a way scandals
do not
arise from them, or material be provided to anyone for fostering ill-will, or
ecclesiastical persons be somehow drawn away from the benefit of obedience as
well as
from perseverance in the divine service .
Recently, indeed, a trustworthy report has reached our ears that canons of
patriarchal,
metropolitan, cathedral and collegiate churches and other secular clerics are
making too
many claims, on account of which they give rise to considerable ill-report
concerning
themselves, have an injurious effect on others from their claims of exemption
and freedom
obtained from the apostolic see, evade the corrections and regulations of the
ordinaries,
and shun their courts and judgments. Some of them, in the hope of gaining
freedom from
punishment for their deviations by the privilege of exemption, do not fear to
commit
offences which they would certainly have never committed if they did not
believe
that
they were protected by their exemption. The result is that, on account of the
brashness
of those trusting that they will obtain freedom from punishment for their
offences,
because of the privilege of exemption, they commit outrages on many occasions
as
a result
of which the church is very much maligned and serious scandals arise,
especially
when
those responsible for correcting and punishing them fail to do so. In our wish
to provide
the necessary remedy lest, on the above pretext, their faults remain
unpunished,
we rule,
with the approval of the sacred council, that henceforth those to whom the
correction and
punishment of exempt persons has been committed by the apostolic see, are to
attend
carefully to these duties and diligently to carry out the obligations of the
office
entrusted to them. As soon as it is legally clear to them that exempt persons
have been
at fault, they are to punish them in such a way that they are restrained from
their acts
of arrogance by fear of a penalty and so that others, frightened by their
example, will
rightly shrink from committing similar faults .
If they are neglectful in this matter, the diocesan and other local ordinaries
are to
warn such persons, who have the responsibility for correcting those who are
exempt, that
they should punish such exempt persons who have committed faults and are guilty
and
should censure them within a suitable time, which is to be determined by the
judgment of
those giving the warning. The warning is to be given in person (if the
resources
and
standing of the person giving it make this possible), or otherwise, if there
should be no
clearly recognised judge in the region of the exempt persons, they are to warn
those whom
they consider to be responsible for the above by means of a public edict, which
is to be
fixed to the doors of the cathedrals or other churches where such judges of
exempt
persons may happen to reside, or if there are no judges of the exempt persons
there, then
where the exempt persons have committed the faults. If those who have received
the
warning are negligent in this matter, and do not trouble or have refused to
carry it out,
then, so that they may be penalised for their fault, they are to be deprived of
hearing
the inquiry for that time and are henceforth not to be involved in any way in
such
inquiries. Then the diocesan and other local ordinaries can proceed, on our
authority,
either to an inquiry or by means of an accusation, excluding the use of
torture,
against
such offending and criminous persons and may personally examine the witnesses.
They shall
see that the process itself -- regarding which, by reason of the solemnity of
the law, we
forbid anything to be alleged or said except on account of an omitted citation
(provided
the offence has been correctly proved elsewhere) -- is held, closed and sealed
by them
and quickly despatched to the apostolic see, either by themselves or by another
messenger, so as to be carefully examined by the apostolic see, either by the
Roman
pontiff or by someone else to whom he shall commit the matter; at the expense
of
the
offending exempt persons, including the expenses incurred in the process
itself,
which
expenses the ordinaries can compel the persons who have been investigated and
charged to
pay. And those found worthy of blame, either to the extent of being condemned
or
on
account of there being sufficient evidence to justify recourse to torture so
that the
truth might be extracted, are to be returned to the diocesans or ordinaries so
that these
may lawfully proceed further, on our authority, in the inquiry or the
accusation
and may
terminate the case according to what is just .
Notaries of the apostolic see, whose office is known to have been instituted by
pope
Clement I of happy memory at the beginnings of the primitive church, for the
purpose of
investigating and recording the acts of saints, and who have been elevated to
the office
of protonotary and wear an official garment and a rochet, together with other
officials
who are attached to us and to the said see, when they are actually engaged in
their
duties, are exempt from all jurisdiction of ordinaries in both civil and
criminal
matters. Other notaries, however, not wearing the dress of the protonotariate,
unless
they have adopted it within three months after the publication of this present
document,
both themselves and others due to be elevated to the office in the future who
do
not
regularly wear the official dress and a rochet, as well as other officials, our
own and
those of the said see, when not actually engaged in their duties, are to be
subject to
the jurisdiction of the said diocesans and ordinaries in both criminal and
civil
cases
which involve sums not exceeding twenty-five golden ducats of the treasury. But
in civil
cases involving sums exceeding such an amount, they are to enjoy full exemption
and to be
totally excluded from the jurisdiction of the said diocesans and ordinaries. We
also
judge it worthy and appropriate that among the personal staff of cardinals of
the holy
Roman church, only those shall enjoy the privilege of exemption who belong to
the
household staff and are regular sharers of its board, or have been sent by the
same
cardinals to carry out their personal business, or perhaps are absent for a
time
from the
Roman curia to refresh themselves. But for others, even when they are
registered
as
belonging to the personal staff, the privilege of staff membership in no way
entitles
them to be outside the control of their diocesans and ordinaries .
By the constitution published at the council of Vienne which begins
Attendentes,
there
was given to the aforesaid diocesans full faculties to visit once a year the
convents of
nuns, in their dioceses, that are immediately subject to the apostolic see. We
renew this
constitution and we prescribe and command that it be strictly kept,
notwithstanding any
exemptions and privileges. By the foregoing, moreover, the same diocesans and
ordinaries
are not to be prejudiced by cases in which jurisdiction over exempt persons has
been
granted by law. Rather, we define that henceforth exemptions granted for a time
without
reasonable cause, and without any citation of those involved, are of no force
or
value .
Since order in the church is confused if the jurisdiction of each person is not
preserved, we rule and ordain, in an effort to support the jurisdiction of
ordinaries (so
far as we can with God's favour), to impose more quickly an end to lawsuits,
and
to
restrict the immoderate expenses of litigants, that individual cases,
spiritual,
civil
and mixed, involving in any way an ecclesiastical forum and concerned with
benefices --
provided that the actual benefices have not been under a general reservation
and
the
incomes, rents and produce of the individual benefices do not surpass in value,
by common
reckoning, twenty-four golden ducats of the treasury -- shall in the first
instance be
examined and settled outside the Roman curia and before the local ordinaries.
Thus,
nobody may appeal prior to a definitive sentence, nor may an appeal (if made)
be
in any
way admitted, except from an interlocutory judgment which may have the force of
a
definitive sentence, or by way of a complaint which in no way concerns the main
business.
For, redress cannot be obtained from a definitive sentence by means of an
appeal, unless
one of the litigants does not dare to go to law before the ordinary because of
a
genuine
fear of his adversary's power, or for some other acceptable and honourable
reason which
must be at least partially proved otherwise than by his personal oath. In these
exceptional cases, the appeal can be begun, investigated and concluded in the
Roman
curia, even in the first instance . In other cases, the appeals and the
commissions of
these and other such suits, and whatever follows from them, shall henceforth be
of no
force or value. The judges and conservators appointed by the apostolic see, if
they are
not graduates in either civil or canon law, are obliged, on being asked by the
parties
concerned or by one of them, to take an assessor who is not under suspicion
with
the
parties and to judge the case according to his report .
We have learnt, by many and frequent reports, that very many churches and the
bishops
presiding over them, on both sides of the Alps, are being troubled and
disturbed
in their
jurisdictions, rights and lordships by esquires, princes and nobles. These,
under colour
of a right of patronage which they pretend to hold in ecclesiastical benefices,
without
the support of any apostolic privileges, or of collations or letters from the
ordinaries,
or even of any pretence of a title, presume to confer benefices not only on
clerics but
also on layfolk; to punish at their own whim priests and clerics who are at
fault; to
remove, purloin and usurp in an arbitrary way, either directly or by ordering
others, the
tithes of everything on which they are obliged by law to pay, as well as tithes
belonging
to cathedrals, and other things which pertain to diocesan law and jurisdiction
and are
the exclusive concern of bishops; to forbid such tithes and any fruits to be
taken out of
their cities, lands and territories; to seize and unjustly hold fiefs,
possessions and
lands; to induce and compel, by threats, terror and other indirect means, the
granting to
them of fiefs and goods of churches and the conferring of ecclesiastical
benefices on
persons nominated by them; and not only to permit but even expressly to command
very many
other losses, damages and injuries to be inflicted on the aforesaid clerics and
churches
and their prelates .
We take thought, then, that no power has been granted to lay people over
clerics
and
ecclesiastics, or over property belonging to the church, and that it is right
and just
that laws should be made against those who refuse to observe this . We also
consider how
much such actions detract, with disastrous results which must be condemned, not
only from
the honour of ourself and the apostolic see but also from the peaceful and
prosperous
condition of churchmen. We desire too, to restrain from thoughtless acts of
rashness, not
so much by new penalties as by a renewed fear of existing ones that should be
applied,
those whom the rewards of virtues do not induce to observe laws. We therefore
renew each
and all of the constitutions hitherto issued regarding the payment of tithes;
against
violators and seizers of churches; against fire-raisers and pillagers of
fields;
against
those seizing and holding cardinals of the holy Roman church, our venerable
brother
bishops and other persons of the church, both secular and regular, and
unlawfully taking
over in any way their jurisdiction and rights, or disturbing or molesting them
in the
exercise of their jurisdiction, or presumptuously forcing them to confer
ecclesiastical
benefices on persons named by them, or to dispose of them in some other way at
their
arbitrary choice, or to grant or otherwise sell fiefs and goods of the church
in
perpetual tenure, against making regulations in conflict with ecclesiastical
liberty;
against providing help, advice and support for the above practices. Since these
acts are
not merely opposed to law but are also in the highest degree insulting and
contrary to
ecclesiastical liberty, we therefore, in order that we may be able to give an
honest
account to God of the office entrusted to us, earnestly urge in the Lord, by
fatherly
sentiments and counsels, the emperor, kings, princes, dukes, marquises, counts,
barons,
and others of whatever other nobility, pre-eminence, sovereignty, power,
excellence or
dignity they may be, and we command them by virtue of holy obedience, to
observe
the
foregoing constitutions and to make them inviolably observed by their subjects,
notwithstanding any customs whatever to the contrary, if they wish to avoid the
divine
displeasure and the fitting reaction of the apostolic see. We decree that
appointments
made in the above-mentioned way to the said benefices are null and void, and
those making
use of them are rendered incapable of obtaining other ecclesiastical benefices
until they
have been dispensed in the matter by the apostolic see .
We have also been carefully reflecting that, after Christ's ascension into
heaven, the
apostles assigned bishops to each city and diocese, and the holy Roman church
became
established throughout the world by inviting these same bishops to a role of
responsibility, and by gradually sharing the burdens by means of patriarchs,
primates,
archbishops and bishops; and that it has also been laid down by the sacred
canons that
provincial councils and episcopal synods ought to be established by such
persons
for the
correction of morals, the settlement and limiting of controversies, and the
observance of
God's commandments, in order that corruptions may be corrected and those
neglecting to do
these things may be subjected to canonical penalties. In our desire that these
canons be
faithfully observed, since it is right for us to be interested in what concerns
the
christian state, we place a strict obligation on the said patriarchs, primates,
archbishops and bishops, in order that they may be able to render to God a
worthy account
of the office entrusted to them, that they order the canons, councils and
synods
to be
observed inviolably, notwithstanding any privilege whatsoever. Besides, we
order
that
henceforth a provincial council is to be held every three years, and we decree
that even
exempt persons are to attend them, notwithstanding any privelege or custom to
the
contrary. Those who are negligent in these matters are to know that they will
incur
penalties contained in the same canons .
In order that respect for the papal dignity might be preserved, it was
determined by the
constitution issued at the council of Vienne, which begins In plerisque that no
persons,
especially no religious, may be provided to cathedral churches which are
deprived of
temporal goods, without which spiritual things cannot exist for long, and which
lack both
clergy and christian people. We renew this constitution, and we will and
command
that it
must be observed inviolably unless we shall judge otherwise for some just
reason
to be
approved in our secret consistory .
We decree that anything attempted against the foregoing, or any part thereof,
is
null and
void, notwithstanding any constitution or privilege to the contrary.
Let
nobody
therefore ... If anyone however.. .
[On printing books]
Leo, bishop, servant of the servants of God, with the approval of the sacred
council, for
an everlasting record. Among the anxieties resting on our shoulders we come
back
with
constant thought to how we can bring back to the path of truth those going
astray, and
gain them for God (by his grace working in us) . This is what we truly seek
after with
eagerness; to this we unremittingly direct our mind's desires; and over this we
watch
with anxious earnestness .
It is certainly possible to obtain without difficulty some learning by reading
books. The
skill of book-printing has been invented, or rather improved and perfected,
with
God's
assistance, particularly in our time. Without doubt it has brought many
benefits
to men
and women since, at small expense, it is possible to possess a great number of
books.
These permit minds to devote themselves very readily to scholarly studies. Thus
there can
easily result, particularly among Catholics, men competent in all kinds of
languages; and
we desire to see in the Roman church, in good supply, men of this type who are
capable of
instructing even unbelievers in the holy commandments, and of gathering them
for
their
salvation into the body of the faithful by the teaching of the christian faith.
Complaints from many persons, however, have reached our ears and those of the
apostolic
see. In fact, some printers have the boldness to print and sell to the public,
in
different parts of the world, books -- some translated into Latin from Greek,
Hebrew,
Arabic and Chaldean as well as some issued directly in Latin or a vernacular
language --
containing errors opposed to the faith as well as pernicious views contrary to
the
christian religion and to the reputation of prominent persons of rank. The
readers are
not edified. Indeed, they lapse into very great errors not only in the realm of
faith but
also in that of life and morals . This has often given rise to various
scandals,
as
experience has taught, and there is daily the fear that even greater scandals
are
developing .
That is why, to prevent what has been a healthy discovery for the glory of God,
the
advance of the faith, and the propagation of good skills, from being misused
for
the
opposite purposes and becoming an obstacle to the salvation of Christians, we
have judged
that our care must be exercised over the printing of books, precisely so that
thorns do
not grow up with the good seed or poisons become mixed with medicines. It is
our
desire
to provide a suitable remedy for this danger, with the approval of this sacred
council,
so that the business of book-printing may go ahead with greater satisfaction
the
more
that there is employed in the future, with greater zeal and prudence, a more
attentive
supervision. We therefore establish and ordain that henceforth, for all future
time, no
one may dare to print or have printed any book or other writing of whatever
kind
in Rome
or in any other cities and dioceses, without the book or writings having first
been
closely examined, at Rome by our vicar and the master of the sacred palace, in
other
cities and dioceses by the bishop or some other person who knows about the
printing of
books and writings of this kind and who has been delegated to this office by
the
bishop
in question, and also by the inquisitor of heresy for the city or diocese where
the said
printing is to take place, and unless the books or writings have been approved
by a
warrant signed in their own hand, which must be given, under pain of
excommunication,
freely and without delay .
In addition to the printed books being seized and publicly burnt, payment of a
hundred
ducats to the fabric of the basilica of the prince of the apostles in Rome,
without hope
of relief, and suspension for a whole year from the possibility of engaging in
printing,
there is to be imposed upon anyone presuming to act otherwise the sentence of
excommunication. Finally, if the offender's contumacy increases, he is to be
punished
with all the sanctions of the law, by his bishop or by our vicar, in such a way
that
others will have no incentive to try to follow his example.
Let nobody
therefore
... If
anyone however.. .
[On setting a date for those acknowledging the Pragmatic Sanction]
Leo, bishop, servant of the servants of God, with the approval of the sacred
council, for
an everlasting record. Among other matters to be carried through in this sacred
council,
we especially desire to make known and proclaim what must be decided and
announced
concerning the sanction called the Pragmatic, which was issued by a number of
leaders of
the French nation, both clerics and laymen as well as nobles and others
supporting them.
This is in accordance with the wishes of our predecessor pope Julius II, of
happy memory,
who summoned this council. The prelates and other clergy and the aforesaid
laity
have
been summoned on several occasions to appear before both our said predecessor,
Julius,
and ourself; and their obstinacy has quite often been alleged or been the
subject of
accusations in the said council. It was subsequently alleged on behalf of the
prelates,
clerics and laymen, including nobles, and their said supporters, who were
legitimately
summoned (as just stated) for this purpose, that there was no route which would
allow
them to travel in safety to the said council. In order that they may not be
able
to make
this excuse, we have taken measures for a comprehensive safe-conduct to be
granted and
conveyed to them by the Genoans, through whose territory they can travel in
safety to the
Roman curia, so that they may be able to bring forward the views which they may
wish to
present in defence of this Pragmatic Sanction .
To prevent them being able to bring up some further point against what has been
set out
and to claim a legitimate ignorance, and in order that their obstinacy may be
overcome,
we once again, with the approval of the sacred council, give notice and
warning,
regarding a final and definitive dead-line, to the clergy and laity, including
nobles,
prelates and their supporters, and to colleges of clerics and of seculars, that
they must
lawfully assemble (putting aside every excuse and delaying action) before I
October next.
We are extending the dead-line, for the aforesaid reasons and in order to
remove
all
excuses, to the said I October, by way of a final postponement; and we grant
and
assign
this anew. Once the dead-line has passed, however, proceedings will go forward
at the
next session to other matters and to the conclusion of the said business, even
by means
of a definitive sentence, notwithstanding their obstinacy and refusal to
appear.
This
next eleventh session we summon for these and many other useful matters. with
the
approval of the sacred council, for 14 December after the next feast day of St
Lucy.
Let
nobody therefore ... If anyone however .. .
SESSION 11
19 December 1516
[On how to preach]
Leo, bishop, servant of the servants of God, with the approval of the sacred
council, for
an everlasting record. Under the protection of the supreme majesty by whose
ineffable
providence things in heaven and on earth are guided, as we carry out the office
of
watchman over the Lord's flock committed to us, insofar as this is granted to
our
weakness, we reflect within ourselves in great depth that, among many other
important
matters, the office of preaching is also our concern. Preaching is of the first
importance, very necessary and of great effect and utility in the church, so
long as it
is being exercised rightly, from genuine charity towards God and our neighbour,
and
according to the precepts and examples of the holy fathers, who contributed a
great deal
to the church by publicly professing such things at the time of the
establishment and
propagation of the faith . For, our redeemer first did and taught, and by his
command and
example, the college of twelve apostles -- the heavens alike proclaiming the
glory of the
true God through all the earth -- led back from darkness the whole human race,
which was
held by the old bondage under the yoke of sin, and guided it to the light of
eternal
salvation. The apostles and then their successors propagated far and wide and
rooted
deeply the word itself through all the earth and unto the ends of the world.
Therefore
those who are now carrying this burden ought to remember and frequently reflect
that they
in turn, with respect to this office of preaching, are entering into and
maintaining that
succession of the author and founder of this office, Jesus Christ our most holy
redeemer,
of Peter and Paul, and of the other apostles and disciples of the Lord .
We have learnt from trustworthy sources that some preachers in our times (we
record this
with sorrow) do not attend to the fact that they are carrying out the office of
those we
have named, of the holy doctors of the church and of others professing sacred
theology,
who, ever standing by Christians and confronting false prophets striving to
overturn the
faith, have shown that the church militant remains unimpaired by her very
nature; and
that they ought to adopt only what the people who flock to their sermons will
find
useful, by means of reflection and practical application, for rooting out
vices,
praising
virtues and saving the souls of the faithful. Reliable report has it, rather,
that they
are preaching many and various things contrary to the teachings and examples
which we
have mentioned, sometimes with scandal to the people. This fact influences our
attitude
very deeply when we reflect within ourself that these preachers, unmindful of
their duty,
are striving in their sermons not for the benefit of the hearers but rather for
their own
self-display. They flatter the idle ears of some people who seem to have
already
reached
a state that would make true the words of the Apostle writing to Timothy: For,
a
time is
coming when people will not endure sound teaching but, having itching ears,
they
will
accumulate for themselves teachers to suit their own likings, and will turn
away
from
listening to the truth and wander into myths . These preachers make no attempt
whatever
to lead back the deceived and empty minds of such people to the path of right
and truth.
Indeed, they involve them in even greater errors. Without any reverence for the
testimony
of canon law, indeed contrary to canonical censures, twisting the sense of
scripture in
many places, often giving it rash and false interpretations, they preach what
is
false;
they threaten, describe and assert to be present, totally unsupported by
legitimate
proofs and merely following their own private interpretation, various terrors,
menaces
and many other evils, which they say are about to arrive and are already
growing; they
very often introduce to their congregations certain futile and worthless ideas
and other
matters of this nature; and, what is more appalling, they dare to claim that
they possess
this information from the light of eternity and by the guidance and grace of
the
holy
Spirit .
When these preachers spread this medley of fraud and error, backed by the false
testimony
of alleged miracles, the congregations whom they ought to be carefully
instructing in the
gospel message, and retaining and preserving in the true faith, are withdrawn
by
their
sermons from the teaching and commands of the universal church. When they turn
aside from
the official sacred teachings, which they ought particularly to follow, they
separate and
move far from salvation those who listen to them. For, as a result of these and
similar
activities, the less educated people, as being more exposed to deceit, are very
easily
led into manifold errors, as they wander from the path of salvation and from
obedience to
the Roman church. Gregory, therefore, who was outstanding in this task, moved
by
the
warmth of his charity, gave a strong exhortation and warning to preachers that,
when
about to speak, they approach the people with prudence and caution lest, caught
up in the
enthusiasm of their oratory, they entangle the hearts of their hearers with
verbal errors
as if with nooses, and while perhaps they wish to appear wise, in their
delusion
they
foolishly tear asunder the sinews of the hoped-for virtue. For, the meaning of
words is
often lost when the hearts of the audience are bruised by too urgent and
careless forms
of speech .
Indeed, in no other way do these preachers cause greater harm and scandal to
the
less
educated than when they preach on what should be left unspoken or when they
introduce
error by teaching what is false and useless. Since such things are known to be
totally
opposed to this holy and divinely instituted religion, as being novelties and
foreign to
it, it is surely just for them to be examined seriously and carefully, lest
they
cause
scandal for the christian people and ruin for the souls of their authors and of
others.
We therefore desire, in accord with the word of the prophet, Who makes harmony
dwell in
the house, to restore that uniformity which has lost esteem, and to preserve
such as
remains, insofar as we can with God's help, in the holy church of God, which by
divine
providence we preside over and which is indeed one, preaches and worships one
God and
firmly and sincerely professes one faith. We wish that those who preach the
word
of God
to the people be such that God's church suffers no scandal from their
preaching.
If they
are amenable to correction, let them abstain in future from these matters into
which they
have recently ventured. For it is clear that, in addition to the points which
we
have
mentioned, a number of them are no longer preaching the way of the Lord in
virtue and are
not expounding the gospel, as is their duty, but rather invented miracles, new
and false
prophecies and other frivolities hardly distinguishable from old wives' tales.
Such
things give rise to great scandal since no account is taken of devotion and
authority and
of its condemnations and rejections. There are those who make attempts to
impress and win
support by bawling everywhere, not sparing even those who are honoured with
pontifical
rank and other prelates of the church, to whom they should rather be showing
honour and
reverence. They attack their persons and their state of life, boldly and
without
discrimination, and commit other acts of this kind. Our aim is that so
dangerous
and
contagious an evil and so mortal a disease may be thoroughly wiped out and that
its
consequences may be so completely swept away that not even its memory remains .
We decree and ordain, with the approval of the sacred council, that nobody -
whether a
secular cleric or a member of any of the mendicant orders or someone with the
right to
preach by law or custom or privilege or otherwise -- may be admitted to carry
out this
office unless he has first been examined with due care by his superior, which
is
a
responsibility that we lay on the superior's conscience, and unless he is found
to be fit
and suitable for the task by his upright behaviour, age, doctrine, honesty,
prudence and
exemplary life. Wherever he goes to preach, he must provide a guarantee to the
bishop and
other local ordinaries concerning his examination and competence, by means of
the
original or other letters from the person who examined and approved him. We
command all
who undertake this task of preaching, or will later undertake it, to preach and
expound
the gospel truth and holy scripture in accordance with the exposition,
interpretation and
commentaries that the church or long use has approved and has accepted for
teaching until
now, and will accept in the future, without any addition contrary to its true
meaning or
in conflict with it. They are always to insist on the meanings which are in
harmony with
the words of sacred scripture and with the interpretations, properly and wisely
understood, of the doctors mentioned above. They are in no way to presume to
preach or
declare a fixed time for future evils, the coming of antichrist or the precise
day of
judgment; for Truth says, it is not for us to know times or seasons which the
Father has
fixed by his own authority. Let it be known that those who have hitherto dared
to declare
such things are liars, and that because of them not a little authority has been
taken
away from those who preach the truth .
We are placing a restriction on each and all of the said clerics, secular and
regular and
others, of whatever status, rank or order, who undertake this task. In their
public
sermons they are not to keep on predicting some future events as based on the
sacred
writings, nor presume to declare that they know them from the holy Spirit or
from divine
revelation, nor that strange and empty predictions are matters which must be
firmly
asserted or held in some other way. Rather, at the command of the divine word,
let them
expound and proclaim the gospel to every creature, rejecting vices and
commending
virtues. Fostering everywhere the peace and mutual love so much commended by
our
Redeemer, let them not rend the seamless garment of Christ and let them refrain
from any
scandalous detraction of bishops, prelates and other superiors and of their
state of
life. Yet these they rebuke and hurt before people generally, including the
laity, not
only heedlessly and extravagantly but also by open and plain reproof, with the
names of
the evildoers sometimes being stated by them .
Finally, we decree that the constitution of pope Clement of happy memory
beginning
Religiosi, which we renew and approve by this present decree, must be observed
by
preachers without alteration, so that, preaching in these terms for the
people's
advantage and winning them for the Lord, they may deserve to gain interest on
the talent
received from him and to win his grace and glory. But if the Lord reveals to
certain of
them, by some inspiration, some future events in the church of God, as he
promises by the
prophet Amos and as the apostle Paul, the chief of preachers, says, Do not
quench the
Spirit, do not despise prophesying, we have no wish for them to be counted with
the other
group of story-tellers and liars or to be otherwise hindered. For, as Ambrose
bears
witness, the grace of the Spirit himself is being extinguished if fervour in
those
beginning to speak is quietened by contradiction. In that case, a wrong is
certainly done
to the holy Spirit. The matter is important inasmuch as credence must not be
easily given
to every spirit and, as the Apostle states, the spirits have to be tested to
see
whether
they come from God. It is therefore our will that as from now, by common law,
alleged
inspirations of this kind, before they are published, or preached to the
people,
are to
be understood as reserved for examination by the apostolic see. If it is
impossible to do
this without danger of delay, or some pressing need suggests other action,
then,
keeping
the same arrangement, notice is to be given to the local ordinary so that,
after
he has
summoned three or four knowledgeable and serious men and carefully examined the
matter
with them, they may grant permission if this seems to them to be appropriate.
We
lay the
responsibility for this decision on their consciences .
If any persons dare to carry through anything contrary to any of the above, it
is our
will that, in addition to the punishments set down against such persons by law,
they
incur the penalty of excommunication from which, except at the imminent
approach
of
death, they can be absolved only by the Roman pontiff . In order that others
may
not be
urged on by their example to try similar acts, we decree that the office of
preaching is
forbidden to such persons for ever; notwithstanding constitutions, ordinances,
privileges, indults and apostolic letters for religious orders and the
aforesaid
persons,
including those mentioned in Mare magnum, even if perchance they have been
approved,
renewed or even granted anew by us, none of which in this matter do we wish to
support at
any point in their favour. Let nobody therefore ... If anyone however.. .
[Bull containing agreements between the pope and the most christian king of
France, on
the Pragmatic]
Leo, bishop, servant of the servants of God, with the approval of the sacred
council, for
an everlasting record. In accord with the dispensation of the divine mercy by
which kings
reign and princes rule, established as we are despite our lack of merit in the
lofty
watch-tower of the apostolate and set over nations and kingdoms, we ponder how
permanent
force and effect may be given to the things which have been granted, carried
out,
established, ordained, decreed and done by our praiseworthy and prudent
arrangement, in
union with our venerable brothers, the cardinals of the holy Roman church, for
the
wholesome and peaceful government of kingdoms and for the peace and justice of
peoples,
especially with regard to rulers who are well-deserving of the Catholic faith,
the
christian state and the apostolic see. Nevertheless, we sometimes add the force
of our
renewed approval to such things, with the approval of the sacred council, so
that these
things may persist with greater steadiness in an undamaged state the more often
they are
strengthened by our authority as well as by the protection of a general
council.
We
readily supply effective care for the preservation of such things in order that
the kings
and peoples of the kingdoms in question, full of gladness in the Lord because
of
such
concessions, privileges, statutes and regulations, may rest together in the
sweetness of
peace, quiet and delight and may persevere more fervently in their accustomed
devotion to
the same see .
Recently, in order that the church, our spouse, might be kept in a holy union
and use
might be made by Christ's faithful of the sacred canons issued by Roman
pontiffs
and
general councils, we ordained and decreed, with the unanimous advice and
consent
of our
said brothers, the cardinals of the holy Roman church certain constitutions
that
had been
treated with our dearly beloved son in Christ, Francis, the most christian king
of
France, while we were at Bologna with our curia, and which were to take the
place of the
Pragmatic Sanction and the things contained in it for the sake of peace and
harmony in
the kingdom of France and for the general and public advantage of the kingdom.
These
constitutions were carefully examined by our said brothers, agreed upon with
the
said
king on their advice, and accepted by a legitimate procurator of the king.
Their
contents
are contained rather fully in our letter which follows, Primitiva illa ecclesia
. . .
{Msi 32, 948-963, Raccolta di concordati su materie ecclesiastiche tra la Santa
Sede e le
autorita civili, edited by A. Mercati. I Rome. 1954. 233-25}
The letter has been published chiefly in order that continuing charity and
unbroken peace
may abide in the mystical body, the church, and that any dissenting members may
be re-
grafted into the body in a convenient way. The letter will be better observed
according
as it is more clearly established that it has been approved and renewed by us,
after
mature and healthy consideration, with the approval of the said Lateran
council.
Although
there is no need of another approval for the validity and reality of the same
letter,
however, to provide an ampler surety so that observance may be firmer and
abolition more
difficult, greater strength will be given to it by the approval of so many
fathers.
Therefore, with the approval of the sacred Lateran council, by apostolic
authority and
fullness of power, we approve and renew, and order to be observed and
maintained
in their
totality and without change, the said letter together with each and every
statute,
ordinance, decree, explanation, agreement, compact, promise, wish, penalty,
restraint and
clause contained in it; especially the clause by which it was our will that if
the said
king of France does not approve and ratify the aforesaid letter, and each and
every thing
contained in it, within six months from the date of this present letter, and
does not
arrange for the contents to be read, published, sworn to and registered, like
all other
royal constitutions in his kingdom and in all other places and lordships of the
said
kingdom, for all future time without limit, by all the prelates and other
ecclesiastical
persons and courts of parlements, and if he does not convey to us, within the
said six
months, letters patent or authentic written documents concerning each and all
of
the
aforesaid matters about the acceptance, reading, publication, oath and
registration
referred to, or does not deliver them to our nuncio attached to the king, in
order to be
passed on by him to us, and does not subsequently arrange for the letter to be
read each
year and effectively observed without alteration exactly as other binding
constitutions
and ordinances of the king of France have to be observed, then the letter
itself
and
whatever follows from it are null and void and of no force or value .
We decree and declare that the enduring effect only continues in the event of
the said
ratification and approval, and not otherwise or in any other way, and that all
who are
included in the said letter, regarding the observance of the actual letter and
of each
and every thing set down in it, are bound and obliged by the censures and
penalties and
other things contained in it, in accordance with the meaning and form of the
same letter.
This is notwithstanding apostolic constitutions and ordinances, all those
things
which we
did not wish to oppose in the and any other things of any kind to the contrary.
Let
nobody If anyone however.. .
[On the abrogation of the Pragmatic Sanction]
Leo, bishop, servant of the servants of God, with the approval of the sacred
council, for
an everlasting record. The eternal Father, who will never abandon his flock up
to the
close of the age, so loved obedience, as the Apostle testifies, that to make
expiation
for the sin of disobedience of the first parent, he humbled himself and became
obedient
unto death. Moreover, when he was about to depart from the world to the Father,
he
established Peter and his successors as his own representatives on the firmness
of a
rock. It is necessary to obey them as the book of the Kings testifies, so that
whoever
does not obey, incurs death . As we read in another place, the person who
abandons the
teaching of the Roman pontiff cannot be within the church; for, on the
authority
of
Augustine and Gregory, obedience alone is the mother and protector of all
virtues, it
alone possessing the reward of faith. Therefore, on the teaching of the same
Peter, we
ought to be careful that what has been introduced in due season and for sound
reasons by
our predecessors the Roman pontiffs, especially in sacred councils, for the
defence of
obedience of this kind, of ecclesiastical authority and freedom, and of the
apostolic
see, should be duly discharged by our effort, devotion and diligence and be
brought to
the desired conclusion. The souls of the simple, of whom we shall have to
render
an
account to God, are to be freed from the deceits and snares of the prince of
darkness.
Indeed, our predecessor of happy memory, pope Julius II, summoned the sacred
Lateran
council for lawful reasons which were then made clear, on the advice and with
the consent
of his venerable brothers, the cardinals of the holy Roman church, among whom
we
were
then numbered. Together with the same sacred Lateran council, he pondered on
the
fact
that the corruption of the kingdom of France at Bourges, which they call the
Pragmatic
Sanction, had been strong in the past and was still vigorous, resulting in very
great
danger and scandal to souls, and a loss and cheapening of respect for the
apostolic see.
He therefore entrusted discussion of the Pragmatic Sanction to specifically
named
cardinals and to the prelates of a certain congregation .
Although the aforesaid sanction should clearly be subject to nullity on many
counts, and
was supporting and preserving open schism, and therefore it could have been
declared to
be essentially of no effect, null and invalid, without the need for any
preceding formal
citation, yet, from a great sense of caution, our same predecessor Julius, by a
public
edict -- which was to be fixed to the church doors of Milan, Asti and Pavia,
since there
was then no safe access to France -gave warning and summoned the prelates of
France, the
chapters of churches and monasteries, the parlements and the layfolk supporting
them and
making use of the said sanction, and each and all of the rest who were thinking
that
there was some advantage for them in the foregoing individually or
collectively,
to
appear before him and the said council within a fixed period, which was then
clearly
stated, and to declare the reasons why the aforesaid sanction, and its
corruptive and
abusive effect in matters touching on the authority of the Roman church and the
sacred
canons, and on the violation of ecclesiastical liberty should not be declared
null and
invalid. During the lifetime of the said Julius our predecessor, various
obstacles made
it impossible to implement the summons or to discuss fully the business of the
abrogation, as had been his intention . After his death, however, the summons,
in full
lawful form, was again brought forward by the promoter of the sacred council,
the
procurator fiscal. Those summoned and not presenting themselves were accused of
obstinacy
and the request was made for matters to be taken further. At the time we, who
have been
brought to the highest peak of the apostolate by the favour of the divine mercy
after
duly considering the whole situation, gave no response to the request, for
definite
reasons. Later, when a variety of impediments were being alleged by the said
persons who
had been warned and summoned, as to why they had been unable to present
themselves at the
appointed time (as stated above), we postponed, several times at several
sessions, with
the approval of the sacred council the date fixed by the said summons and
warning to
later dates, which have now long gone past, so that all occasion for just
excuse
and
complaint might be taken away from them .
Although all obstacles have been removed and all dead-lines have passed
nevertheless the
aforesaid persons, despite being warned and summoned, have not appeared before
us and the
said council, nor taken any steps to appear, in order to bring forward a reason
why the
said sanction should not be declared null. There is therefore no longer room
for
any
excuse. They can justly be regarded as obstinate; as indeed, by the demands of
justice,
we reckoned them to be. We are therefore thinking seriously about this
Pragmatic
Sanction, or rather corruption, as has been stated, which was issued at the
time
of the
schism by those who did not have the necessary power, and which is not at all
in
accord
with the rest of the christian state or with God's holy church. It was revoked,
made void
and abolished by the most christian king of France, Louis XI, of distinguished
memory. It
damages and lessens the authority, liberty and dignity of the apostolic see. It
completely removes the power of the Roman pontiff to provide both cardinals of
the holy
Roman church, who work earnestly on behalf of the universal church, and learned
men, with
churches, monasteries and other benefices, in accordance with the demands of
their
status, even though such persons are numerous in the curia and it is by their
counsel
that the authority and power of the apostolic see, the Roman pontiff and the
whole church
is kept safe and its affairs guided and promoted into a prosperous state. Thus
it offers
excuses to church prelates of the aforesaid faction for breaking and violating
the sacred
nerve of obedience to ecclesiastical discipline and for setting up opposition
against us
and the apostolic see, their mother, and it opens the way for them to attempt
such
things. Clearly it is subject to nullity and is to be supported by no prop
except of a
temporary nature, or rather, of a kind of tolerance. Our predecessors as Roman
pontiffs,
for all their high hopes expressed in their own days, may have seemed to have
tolerated
this corruption and abuse, not being able to confront it completely either
because of the
evil nature of the times or because they were providing for it in some other
way. We
remember, however, that almost seventy years have passed since the publication
of this
sanction of Bourges, and that no council has been lawfully held within this
time
except
the present Lateran council. Since we have been placed in this council by the
Lord's
disposition, we therefore judge and resolve, with Augustine as our witness,
that
we
cannot refrain or desist from the eradication and total annulment of the same
vile
sanction if we are to avoid disgrace to ourself and to the many fathers
assembled in the
present council as well as to avoid danger to our own soul and those of the
above-
mentioned persons using it .
Just as pope Leo I, our predecessor of holy memory, whose footsteps we readily
follow
insofar as we can, gave orders and brought to pass that the measures which had
been
rashly carried out at the second synod of Ephesus, contrary to justice and the
Catholic
faith, were later revoked at the council of Chalcedon, for the sake of the
constancy of
the same faith, so we too judge that we cannot, or ought not to, withdraw from
or abandon
the revocation of so evil a sanction and its contents if we are to preserve our
own
honour, and that of the church, with a safe conscience. The fact that the
sanction and
its contents were published at the council of Basel and, at the instance of the
same
council, were received and recognised by the meeting at Bourges, ought not to
influence
us since all those happenings after the transfer of the same council of Basel
took place
-- the transfer being made by pope Eugenius IV, our predecessor of happy memory
-- have
remained the deeds of the quasi-council, or rather the conventicle, of Basel.
For,
especially after that transfer, it did not deserve to be called a council any
more and
therefore its acts could not have any force. For it is clearly established that
only the
contemporary Roman pontiff, as holding authority over all councils, has the
full
right
and power to summon, transfer and dissolve councils. This we know not only from
the
witness of holy scripture, the statements of holy fathers and our predecessors
as Roman
pontiffs, and the decisions of the sacred canons, but also from the
declarations
of the
same councils. Some of this evidence we have decided to repeat, and some to
pass
over in
silence as being sufficiently well known .
Thus we read that the synod of Alexandria, at which Athanasius was present,
wrote to
Felix, bishop of Rome, that the council of Nicaea had decided that councils
ought not to
be celebrated without the authority of the Roman pontiff . Pope Leo I
transferred the
second council of Ephesus to Chalcedon. Pope Martin V authorised his presidents
at the
council of Siena to transfer the council with no mention being made of the
council's
consent. The greatest respect was shown to our predecessors as Roman pontiffs:
to
Celestine by the first synod of Ephesus; to the said Leo by the synod of
Chalcedon; to
Agatho by the sixth synod; to Hadrian by the seventh synod; and to Nicholas and
Hadrian
by the eighth synod, of Constantinople. These councils submitted with reverence
and
humility to the instructions and commands of the same pontiffs which had been
composed
and issued by them in the sacred councils. Moreover, pope Damasus and the other
bishops
assembled at Rome, writing to the bishops at Illyricum about the council at
Rimini,
pointed out that the number of bishops assembled at Rimini counted for nothing
since it
was known that the Roman pontiff, whose decrees were to be preferred before all
others,
had not given his consent to their meeting. It appears that pope Leo I said the
same when
writing to all the bishops of Sicily. It was customary for the fathers of the
ancient
councils humbly to ask for and obtain a warrant and approbation from the Roman
pontiff in
order to corroborate the matters dealt with in their councils . This is clear
from the
synods and their acts held at Nicaea, Ephesus, Chalcedon, the sixth synod at
Constantinople, the seventh at Nicaea, the Roman synod under Symmachus and the
synods in
Haimar's book. We would certainly be without these recent troubles if the
fathers at
Bourges and Basel had followed this laudable custom, which it is known that the
fathers
at Constance also finally adopted .
We desire this matter to be brought to its proper conclusion. We are proceeding
on the
strength of the many citations issued by us and our said predecessor Julius,
and
of the
other things mentioned above which are so notorious that they cannot be hidden
by any
excuses or evasions, as well as in virtue of our pastoral office. We are
supplying for
each and every defect, both of law and of fact, if perchance any happen to
exist
in the
above. We judge and declare, from our certain knowledge and from the fullness
of
apostolic power, with the approval of the same sacred council, by the contents
of the
present document, that the aforesaid Pragmatic Sanction or corruption, and its
approbations however issued, and each and every decree, chapter, statute,
constitution or
ordinance that is included, or even inserted, in any way in the same and has
been
published by others, as well as the customs, expressions and uses, or rather
abuses, in
any way resulting from it and observed until the present, have been and are of
no force
or value. In addition, for a more extensive safeguard, we revoke, make void,
abrogate,
quash, annul and condemn that same sanction or corruption of Bourges and its
approval,
whether expressed or tacit, as said above, as well as each and every thing of
whatever
nature included or even inserted in it, and we judge, declare and will them to
be
considered as of no effect, revoked, made void, abrogated, quashed, annulled
and
condemned. Moreover, since subjection to the Roman pontiff is necessary for
salvation for
all Christ's faithful, as we are taught by the testimony of both sacred
scripture and the
holy fathers, and as is declared by the constitution of pope Boniface VIII of
happy
memory, also our predecessor, which begins Unam sanctam, we therefore, with the
approval
of the present sacred council, for the salvation of the souls of the same
faithful, for
the supreme authority of the Roman pontiff and of this holy see, and for the
unity and
power of the church, his spouse, renew and give our approval to that
constitution, but
without prejudice to the declaration of pope Clement V of holy memory, which
begins
Meruit .
In virtue of holy obedience and under the penalties and censures to be declared
below, we
forbid each and all of Christ's faithful, both laity and secular clergy, and
regulars of
whatever order including mendicants, and other persons without restriction, of
no matter
what status, rank or condition they may be, including cardinals of the holy
Roman church,
patriarchs, primates, archbishops, bishops, and any others distinguished by
ecclesiastical or worldly or any other honour, and each and all other prelates,
clerics,
chapters, secular convents, regulars of the aforesaid orders, including abbots
and priors
of monasteries, dukes, counts, princes, barons, parlements, royal officials,
judges,
advocates, notaries and scribes, both ecclesiastical and secular, and any other
regular
or secular ecclesiastics in any high office, as said above, who are now or
shall
be
living in the said kingdom of France and the Dauphine and wherever the said
Pragmatic has
been in force directly or indirectly, silently or openly, to presume to make
use
of the
aforesaid Pragmatic Sanction, or rather corruption, in any way or for any
reason, by
keeping silence or by clear speech, directly or indirectly, or by any other
excuse or
clever evasion, in any judicial or extrajudicial acts, or even to appeal to it
or make
judgments on its terms, or to quash, by themselves or through another or
others,
any
judicial or extra-judicial acts on the grounds of the general meaning of the
said
sanction or of parts of it, and they may not permit or order these things to be
done by
means of others. They are not to keep the aforesaid Pragmatic Sanction, or
sections or
decrees contained in it, in their own houses or in other public or private
places.
Indeed, they are to destroy it, or have it destroyed, in archives, including
royal and
capitular ones, and in the above-mentioned places within six months from the
date of this
present letter .
The penalties to be incurred, automatically and without the need for any
further
declaration, for each and all of the aforesaid persons, if they act to the
contrary
(though may they not!), are immediate major excommunication, the incapacity for
all and
singular legal acts of any kind, being branded as infamous, and the penalties
expressed
in the law of treason; in addition for the aforesaid ecclesiastical and
religious
persons, the loss of all patriarchal, metropolitan and other cathedral
churches,
of all
monasteries, priories and convents, and of all secular dignities and
ecclesiastical
benefices, as well as the inability to hold them in the future; and in addition
for
secular persons, the loss of any fiefs held for any reason from the Roman or
some other
church, and the inability to hold them in the future. They cannot be absolved
from these
penalties by any faculty or by clauses contained in privileges regarding the
hearing of
confessions, no matter by what persons or verbal formulae they may have been
granted.
Except when at the point of death, they can only be absolved by the Roman
pontiff acting
canonically or by someone else having a faculty from him specifically for that
purpose .
By the knowledge, power and statements mentioned above we expressly and
specifically
repeal anything to the contrary. This is notwithstanding anything mentioned
above as well
as constitutions, ordinances, decrees and statutes, however they may have been
published
and granted, and frequently renewed, repeated, confirmed and approved, as
enduring in
their force, by apostolic or any other authority, even conciliar authority and
even by
our certain knowledge and fullness of apostolic power, the tenor of all of
which
we
regard as sufficiently expressed and included, for the purposes of the above,
as
if they
had been inserted herein word for word; notwithstanding if the apostolic see
has
granted
to any communities and universities, and any individual persons mentioned
above,
even if
they are the aforesaid cardinals, patriarchs, archbishops, bishops, marquises
and dukes,
or any others, whether individually or communally, that they cannot be
interdicted,
suspended, excommunicated, deprived or incapacitated by apostolic letters which
do not
make full and express mention, word for word, of the indult in question; and
notwithstanding any other general or special privileges, indulgences and
apostolic
letters, of whatever tenor they may be, by means of which, because they are not
expressed
or included in whole in the present letter, the effect of the above might be
impeded or
deferred in any way, since special mention of their contents is to be regarded
as
included, word for word, in this our letter.
Let nobody therefore .. . If
anyone
however
.. .
[On religious and their privileges]
Leo, bishop, servant of the servants of God, with the approval of the sacred
council, for
an everlasting record. We consider and diligently ponder the hardworking and
anxious
zeal, and the unending labours for the glory of the divine name, for the
triumph
of the
Catholic faith and the preservation of the church's unity, and for the training
and
salvation of the souls of the faithful, which are carried on by bishops and
their
superiors, who have been placed by the apostolic see at the head of their
churches in
different parts of the world, as well as by the friars of the different orders,
especially the mendicant orders, who are engaged without respite or rest. So
great is the
satisfaction that has reached our heart, as a result of their fruitful labours
in the
Lord's vineyard and their opportune and praiseworthy actions, that we are
devoting every
effort to encourage the things which we know to contribute to the preservation
of peace
and quiet among them. We are conscious that the bishops have become partners in
our
anxiety . Ambrose bears witness that their distinction and greatness have no
possible
equal. We also know that religious have done much in the field of the Lord for
the
defence and advance of the christian religion and that they have produced and
are daily
producing abundant fruit. Consequently all of the faithful are aware that the
good works
of these bishops and religious have enabled the true faith to make progress and
to spread
everywhere throughout the world .
These men have likewise not hesitated on innumerable occasions, with much
dedication and
competence, to destroy the schisms in God's church, to bring unity to that
church and to
undergo innumerable pains so that the same church might gain the quiet of
peace.
Therefore it is just that we direct our efforts so to unite them to one another
by the
bond of peace and by a fraternal unity and charity that, linked in unity of
doctrine and
actions, they may foster more abundant fruits in God's church. The exercise of
spiritual
rights, which concern the glory of God and the salvation of the souls of
Christ's
faithful, has been entrusted to bishops and their superiors in their respective
dioceses,
since they have been chosen to be sharers of our burden, as we have already
said, and
since dioceses with defined boundaries have been assigned to each of the
bishops. We
truly desire, then, that these spiritual rights be exercised by the bishops,
and
that the
right of freely exercising them be truly, as far as possible, kept intact for
them. If
our predecessors as Roman pontiffs and the apostolic see have granted any such
spiritual
rights to the said mendicant friars to the harm of the bishops we consider that
such
concessions made to religious ought in future to be limited, so that the friars
themselves will be supported in all charity by the said bishops rather than be
troubled
and disturbed. For, regulars and seculars, prelates and subjects, exempt and
non-exempt,
belong to the one universal church, outside of which no one at all is saved,
and
they all
have one Lord and one faith. That is why it is fitting that, belonging to the
one same
body, they also have the one same will; and just as the brethren are united by
the bond
of mutual charity, so it is not fitting that they arouse among themselves
injustice and
hurt, since the Saviour says, My commandment is that you love one another as I
have loved
you .
We wish to preserve charity and mutual goodwill among bishops, their superiors,
prelates
and friars, as well as to promote divine worship and the peace and tranquillity
of the
universal church. We know this can be done only if each preserves as far as
possible his
own jurisdiction. We have therefore decided and decreed, with the approval of
the sacred
council, that the said bishops, their superiors and other prelates may visit
the
parish
churches which legitimately belong to the same friars by reason of their
residences, with
regard to what concerns the care of the parishioners and the preservation and
administration of the sacraments, without however the exceptional trouble and
expense of
official visitors. They may punish those responsible for the churches and
failing in this
matter: if they are religious, then in accordance with the rules of their order
within
the precincts of the religious house, if they are secular priests or friars who
hold
benefices of this kind, then they may freely punish them as being subject to
their
jurisdiction. Both prelates and secular priests who are not excommunicated may
celebrate
masses out of devotion in the churches of the said religious houses, if they
wish to do
so, and the friars themselves ought to welcome them. Friars who are invited by
the same
prelates to take part in solemn processions ought to agree, provided the
suburban friary
in question is not more than a mile away from the city .
The friars' superiors are bound to specify and present in person to the same
prelates the
friars whom they have chosen to hear for a time the confessions of the
prelate's
subjects, if the prelates ask for them to be specified and presented to them;
if
not,
then to their vicars; with the condition that they are not bound to go to
prelates who
are more than two days' journey away. The friars in question may be examined by
the same
bishops and prelates, at least regarding the sufficiency of their learning and
their
other skills relative to this sacrament. If they are accepted, or if the
refusal
is
unjust, then, in accordance with the constitution Omnis utriusque sexus, let
them be
considered as accepted at least as regards confession, and they can even hear
the
confessions of strangers. They have no power, however, to absolve layfolk and
secular
clergy from manimposed penalties. They may not administer the eucharist and
extreme
unction and the church's other sacraments to those whose confessions they have
heard,
including the sick and the dying, who say that their own priest has refused to
give the
sacraments to them, unless the refusal was made without a just reason and this
is proved
by the testimony of neighbours or by an investigation carried out before a
pubic
notary.
They have no authority to administer these sacraments to persons requesting
their
ministrations except during a period of actual service to them. Temporary
agreements and
contracts between friars and prelates or curates are valid unless they are
rejected by
the next general or provincial chapter and the rejection is duly communicated
by
the
chapter. Friars may not enter parishes bearing a cross in order to carry out
the
funerals
of those who have chosen to be buried at the churches of their houses or
institutions,
unless the parish priest, having received due notice and a request, does not
refuse, and
in that case without prejudice to himself and the ordinary; or unless there is
an ancient
custom on this point with the friars, which is currently in force and is
mutually agreed
upon. Those who wish to be buried in the habit of the said friars, but who live
in their
own houses and not in enclosure, are free to choose a burial place for
themselves in
their last wills .
Friars due to be promoted to orders are to be examined by the ordinaries on
grammar and
their competence. Provided they answer adequately, they ought to be readily
admitted by
the ordinaries. They may not, however, be ordained in their churches or houses
or other
places by anyone except the diocesan bishop or his deputy (the latter is to be
asked with
due reverence), unless the bishop refuses on insufficient grounds or is absent
from his
diocese. They should not ask for the consecration of a church or an altar, or
the
blessing of a cemetery, from another bishop; and they may not arrange for the
first stone
of a church being built for them to be laid by a strange bishop, unless the
ordinary
refuses without any just reason after he has been asked two or three times with
due
reverence and urgency. Friars may not bless a bride and bridegroom without the
consent of
those in charge of the parish. In order to render to the mother church the
honour due to
her, friars and secular clerics may not ring the bells of their churches on
Holy
Saturday
before those of the cathedral or mother church have been rung, even if they are
supported
on this point by a privilege of the apostolic see. Those acting otherwise incur
a penalty
of one hundred ducats. They are to publish and observe in the churches of their
own
houses the censures which are imposed promulgated and solemnly published by the
ordinaries in the mother churches of cities as well as in the collegiate and
parish
churches of castles and towns, when they are asked to do this by the same
ordinaries. To
provide more fruitfully for the salvation of the souls of Christ's faithful of
both
sexes, they are obliged to advise and encourage those whose confessions they
have heard
for a time, no matter of what standing or status they may be, that they are
bound in
conscience to pay tithes, or a portion of their goods or produce, in those
places where
such tithes or dues are customarily paid; and they are obliged to refuse
absolution to
those who will not pay them. They are bound, moreover, to include this in their
public
preaching and exhortations to the people when they are asked to do so .
The conservators assigned for a time to the same friars by the apostolic see
ought to be
outstanding in learning and good reputation and of established ecclesiastical
rank. They
cannot oblige to appear before them anyone living more than two days' journey
away,
notwithstanding any privileges granted to the conservators at other times.
Excommunicated
persons wishing to enter a mendicant order cannot be absolved when the
interests
of a
third party are involved, unless satisfaction has previously been made.
Procurators,
business agents and workers in the service of the said friars are subject to
sentences of
excommunication which have been promulgated, if they have given cause for them
or have
offered help, favour or advice to the guilty. Brothers and sisters of the third
order,
and those known as the cloaked ones, the girdled ones and the devotees, and
others no
matter how named, living in their own homes, can choose whatever place of
burial
they
wish. They are bound, however, to receive the eucharist at Easter as well as
extreme
unction and the other sacraments of the church, with the exception of the
sacrament of
penance, from their own priest . They are obliged to undertake the tasks
incumbent upon
the laity, and they can be brought before lay judges in a secular court. To
avoid the
cheapening of ecclesiastical censures, and sentences of interdict being
regarded
as of
little importance, members of the said third orders are in no way to be
admitted
to hear
divine services in the churches of their orders during a period of interdict,
if
they
have given grounds for the interdict or encouraged or supported those grounds,
or if they
have in any way offered help, counsel or favour to the guilty . But those
living
in an
official group, or dwelling with the enclosed, and women who are leading a life
of
virginity, celibacy or chaste widowhood under an expressed vow and with a
habit,
ought to
enjoy the privileges of the order of which they are tertiaries .
We wish and decree that each and all of the above norms are to be extended to
and
observed by, all other religious of other orders. In matters not mentioned
above, the
rights of the said bishops and friars and other religious are to be maintained.
We do not
wish to prejudice these rights in any way by the above statements, or to
introduce
anything new. This is notwithstanding apostolic constitutions and ordinances;
statutes
and customs of the said orders which have been strengthened by oath, apostolic
confirmation or any other form of reinforcement; and privileges, indults and
apostolic
letters which have been granted to the same orders and are contrary to what has
been set
down above or to any part of it, even what was included in Mare magnum. If
there
is
required a mention or other statement that is special, specific, clear,
distinctive, word
for word, and not by general clauses, regarding these things and their meaning,
or if
some other carefully chosen form should be used, in order that they might be
abrogated,
then we consider their meaning to be sufficiently expressed and included in
this
present
letter, we expressly and specially abrogate anything to the contrary, and we
decree as
null and void anything that is knowingly or unknowingly attempted to the
contrary in
these matters by any person acting on any authority .
We warn the friars, in virtue of holy obedience, to revere bishops with fitting
honour
and due respect, out of the reverence owed to us and the apostolic see, since
they act as
deputies in place of the holy apostles. As for bishops, we urge and appeal by
the tender
mercy of our God that, while attending to the friars with well-disposed
affection,
treating them with kindness and encouraging them, they present themselves to
them as in
no sense difficult or hard or peevish, but rather as easy, mild, well-disposed
and
liberal in loving generosity, and that in all the above-mentioned matters they
welcome
them with ready kindness as co-workers in the Lord's vineyard and as sharers in
their
labours, and that they guard and defend their rights with all charity, so that
both
bishops and friars, whose works as burning lamps set on a hilltop ought to
provide light
to all Christ's faithful, may move forward from strength to strength for the
glory of
God, the triumph of the Catholic faith and the salvation of peoples, and in
consequence
deserve to obtain from the Lord, the most generous recompenser of all good
deeds, the
reward of eternal life. Let nobody therefore . . . If anyone however . . .
SESSION 12
16 March 1517
[Against those attacking the houses of cardinals]
Leo, bishop, servant of the servants of God, with the approval of the sacred
council, for
an everlasting record. Certain audacious persons disdain to show the
appropriate
deference to the cardinals of the holy Roman church, who are the chief pillars
of the
Catholic Church. They do not fear to lay violent hands, with impious boldness,
on their
possessions and properties. Their uncontrolled desire warns and induces us to
strengthen,
increase and extend -- in accordance with the character of the times and with
what we
perceive in the Lord to be soundly in keeping with so distinguished an office
in
God's
church -- those measures which, by wise planning, were established by our
predecessors
for the safe-guarding of the high office of the said cardinals, in order that
the
boldness of these people may be restrained before it extends even further.
Indeed, there
has recently grown up in Rome a damnable abuse and lack of restraint in
wrongdoing. Thus,
while there is a vacancy in the apostolic see, and the election of a future
Roman pontiff
is actually being discussed by the cardinals in conclave, if some rumour leaks
out, even
if false, that one of the cardinals has been elected as pontiff, the mob
attacks
his
house with arms and contends by force with his servant-guards, while he is
still
in the
conclave, over the despoiling of his house . If an entry is forced by breaking
down the
doors or digging under the wall, the mob rushes in to plunder all the goods
that
are
there, unless a defence is made by armed guards. Sometimes there are some who
are so
audacious and headstrong that they do not fear even on other occasions to
attack
the
houses of cardinals in a hostile fashion and with arms, under the guise of
general
brawling, and to strike and wound while they are there, as a result of which
there is
considerable loss to the honour of the cardinalate, by which the most holy
church
militant is fully adorned as by a purple garment, contempt for the cardinals is
aroused,
and occasion is given for murders and other scandals .
We wish to suppress audacious tendencies of this kind by fitting punishments .
We
therefore renew by this letter, with the approval of the sacred council and by
our
apostolic authority, the published constitutions of our predecessors as Roman
pontiffs,
Honorius III and Boniface VIII of happy memory, against those pursuing any
cardinal of
the said church in a hostile manner, those assisting such persons by their
presence,
counsel or support, or knowingly harbouring or defending them, and those
attacking their
houses or dwellings, as said above, and their descendants and property. We
decree that
these constitutions must be observed everywhere without alteration for all
future times.
We also extend these same constitutions, with each and every censure and
penalty
contained in them, to each and every living person of whatever status,
condition
and
distinction, who attacks with an armed band the home of any of the said
cardinals, both
at the time of the said conclave, even if the cardinal in question has been
elected pope,
and at other times and for any reasons, and who seizes anything in the house
with
violence like an enemy or wounds anyone of those dwelling there, and also their
associates and those who have given orders for it to be done, or have given
personal
approval to the deed or have provided counsel and support to the attackers in
the above
matters and have defended them. This is notwithstanding apostolic constitutions
and
ordinances and other measures of whatever kind to the contrary.
Let nobody
therefore . .
. If anyone however . . .
[Constitution imposing taxes and closing the council]
Leo, bishop, servant of the servants of God, with the approval of the council,
for an
everlasting record. We have been set over nations and kingdoms, as the prophet
declared,
although our merits are unequal to this. We are suitably carrying out the duty
of our
office when we renew again that reform of the whole church and its affairs
which
we have
accomplished with profit; when we plan to apply suitable remedies for the
unchallenged
observance of the reform and to make provision for cathedrals and metropolitan
churches
so that they may no longer be without their pastors; and when we supervise
these
remedies
with ever-present attention and untiring efforts, by means of which we may be
able to
render the Lord's flock, which has been entrusted to our care, acceptable and
submissive
in the sight of the divine majesty. Our aim is also to crush the Turks and
other
infidels
standing firm in the eastern and southern regions. They treat the way of true
light and
salvation with complete contempt and totally unyielding blindness; they attack
the life-
giving cross on which our Saviour willed to accept death so that by dying he
might
destroy death, and by the ineffable mystery of his most holy life he might
restore life;
and they make themselves hateful enemies of God and most bitter persecutors of
the
christian religion. Strengthened by defences not only spiritual but also
temporal, we may
be able, under God's guidance and favour, to oppose the bitter and frequent
sallies by
which, in wild rage, they move savagely amidst christian blood .
Indeed, pope Julius II, our predecessor of happy memory, acting in union with
the holy
Spirit, in a laudable and legitimate manner, for sound reasons, with the advice
and
consent of his venerable brothers, the cardinals of the holy Roman church, of
whom we
were then one, summoned the sacred Lateran council. He held five sessions and
summoned a
sixth. He then passed from the human scene. We were then raised to the summit
of
the
highest apostolate by the favour of the divine mercy. We had always had a
heartfelt
desire, even at lesser meetings, to see a general council being celebrated as a
very
important development in the Lord's field. We realised that an obligation had
been added
to our honourable and useful desire as a result of the duty of pastoral care
now
laid
upon us. We therefore undertook this matter with a more burning commitment and
a
total
readiness of mind. We gave approval in the said sixth session, with the advice
and
consent of our said brother cardinals and with the approval of the same sacred
Lateran
council, to the postponement of the council to a fixed date, which was then
clearly
stated, for reasons made clear from the situation and for others affecting our
own and
the minds of our said brother cardinals. The council was to continue towards
the
completion of the objectives for which it had been summoned; and especially
that, once
the terrible conflicts between christian princes and rulers were settled and
weapons of
war set aside, a universal and lasting peace could be established. Leaving
nothing
untried, we intended to use all our efforts to bring about this peace and to
conclude it,
as if it were a good of supreme advantage. We also declared that it is and
shall
be part
of our unchangeable thought and intention that, once the matters concerning the
praise of
God and the exaltation of the aforesaid church have been completed, the holy
and
most
necessary expedition against the enemies of the Catholic faith shall take place
and a
successful triumph over them be accomplished with the aid of the most High. In
order that
those under an obligation to attend this most useful council might not be held
back in
any way from coming to it, and so that they might be unable to proffer any
excuse, we
provided and granted, with the approval of the said Lateran council, to each
and
all of
those summoned to the celebration of the council by our predecessor Julius, and
to their
attendants, a safe-conduct while they were travelling to and staying in Rome
for
the
purposes of the said Lateran council. We urged kings and princes, out of
reverence for
the apostolic see, not to molest those coming here but to permit them to travel
in safety
.
We summoned the seventh session. We wanted nothing more than that those useful
and
necessary matters on account of which the said Lateran council had been
summoned
might be
brought to their conclusion. We therefore set up three special committees of
cardinals
and other prelates to listen to and discuss matters of this kind and other
conciliar
business, and we ordered them to report to the council on what they had heard
and
discussed. One of the committees had the special task of establishing a
universal peace
between christian kings and princes, which was one of the chief reasons for the
said
council coming together, and of rooting out the schism; the second had the
special task
of general reform, including the reform of the curia; and the third had the
special task
of examining and abrogating the Pragmatic Sanction and of dealing with matters
concerning
the true faith. Each committee carefully examined many useful and necessary
topics and
accurately reported to us about them. The subjects discussed and investigated
by
them
were completed and concluded by us, with God's favour and the approval of the
sacred
council, in the remaining five sessions of the council which we held. We then
knew beyond
all doubt that God himself, the giver of gifts, had favoured our devout desires
and those
tending to the common good, out of his exceeding goodness and mercy, and that
he
had
granted to us what we had planned in our own mind and for which we had greatly
laboured
namely that once the matters on account of which the council had been summoned
had been
concluded in conformity with the council's aims, the council itself could be
closed and
discharged .
The emperor-elect Maximilian, our dear son in Christ, in the time of our said
predecessor
Julius, and king Louis of France, of happy memory, in our own time, as well as
other
kings and princes adhered to the Lateran council, lawfully assembled in the
holy
Spirit,
to the greatest satisfaction of everyone. The quasi-council at Pisa, which had
been
summoned by certain persons without the necessary authority and had been
condemned by the
same Julius who preceded us, was treated by them as condemned in accordance
with
the
decision of the said Julius. The schism which had begun to grow from this was
ended
(although it is c ear that so long as the situation continued, it brought very
many
injures to prelates and others of Christ's faithful at various times, as well
as
to other
general councils held until this time). There was peace for the whole church
and
a
resulting union. The moral habits of churchmen as well as of secular and other
persons
were reformed, insofar as this seemed appropriate, and several matters
concerning the
true faith were defined. Several other matters, after being carefully examined
and
debated in the three committees of cardinals and prelates mentioned above, were
considered with care and skill in the said council and a final decision was
reached.
Finally, it was reported to us on several occasions, through the cardinals and
prelates
of the three committees, that no topics remained for debate and discussion by
them, and
that over several months nothing at all new had been brought before them by
anyone. The
bishops who had been invited to share with us the responsibility for the
support
and care
of the Lord's flock, as well as other prelates, had remained in Rome rather a
long time
beyond the normal usage of sacred councils, with inconvenience and loss to
themselves and
to their churches .
Therefore there seemed to remain, of all the above things which we and the said
committees so much desired to be completed in the council, only peace between
kings and
princes and a harmony of minds. Our attitude in favour of this, and our
striving
with
every effort for its accomplishment, can be made abundantly clear to all who
read our
letters. God himself, who is the supreme light and truth of all things, knows
how we
never ceased to beg and implore of him, by many prayers and constant appeals,
that he
would deign of his mercy to influence the christian flock -- which he has
entrusted to
our care, despite our lack of merits -- to enter upon a stable and enduring
peace, now
that this same flock has been roused by the warmth of mutual charity. We have
earnestly
urged this in the Lord, whose cause is principally in question, upon kings and
princes,
by means of persuasive reasons, through the nuncios whom we keep at the court
of
the
emperor-elect Maximilian and with the aforesaid kings and princes, and through
letters;
especially if they wish to provide and take measures, as is right, on behalf of
the
christian religion and the Catholic faith, which have been brought into serious
danger
and risk by the recently extended power of the ruler of the Turks. We have
learnt from
the letters of the same nuncios, kings and princes that our appeals have been
of
such
great power and efficacy with the said kings and princes, and have influenced
their
hearts and minds to such an extent, that the peace so long desired by us for
the
good of
the whole christian state has been almost concluded in intention, and the hope
is that if
anything remains it will soon be resolved (by God's favour). Our heart exults
in
our Lord
Jesus Christ as we ponder over this in our mind and spirit. We give thanks for
this to
him, the giver of all graces, because he has guided these persons to the
harmony
we had
longed for. We think that all Christ's faithful should offer to God thanks and
those
signs of joy which are customary on such occasions, and that God be asked that
the peace
achieved may endure .
It only remains, therefore, for the holy and very necessary campaign to be
undertaken
against the fury of the infidels thirsting for christian blood, and for all the
measures
decided upon as powerful safeguards in the eleven sessions, held partly by us
and partly
by our predecessor Julius, to be approved and renewed and ordered to be
observed
unchallenged. Accordingly, after mature deliberation on these matters with our
brothers
and other prelates, we approve and renew by apostolic authority, with the
approval of the
sacred council, all and each of the acts and decisions of the said eleven
sessions, and
the letters published above together with all the clauses contained in them --
apart from
certain excepted matters which we judge should be conceded to specified persons
for the
sake of the peace and unity of the universal church -- as well as the business
carried
out by the committees. We decree and order that they are to be observed without
alteration for ever, and that those carrying them out are to see that they and
their
contents are observed, namely: in the Roman curia, the current governor of our
mother
city and our vicar as well as the auditor general of the apostolic camera, who
have the
power to oblige and compel persons subject to them; and outside the Roman
curia,
we
depute for this purpose each and all local ordinaries. We forbid each and all
of
Christ's
faithful, under penalty of immediate excommunication, to presume to interpret
or
gloss
what has been produced and carried out in the present council without our
permission and
that of the apostolic see .
We decree, with the approval of the sacred council, that the said campaign
against the
infidels is to be undertaken and carried through. Zeal for the faith prompts us
to this.
It has been so often proposed and promised by us and our predecessor Julius in
the
sessions referred to, when the business of the council was being explained. On
several
occasions it was communicated to, and discussed with, spokesmen at our court
representing
kings and princes. Pope Nicholas V, our predecessor of pious memory, summoned a
general
expedition against the infidels after the disastrous fall of Constantinople in
order to
crush their fury and to avenge the wounds of Christ. Callistus III and Pius II,
of happy
memory our predecessors as Roman pontiffs, urged on by zeal for the faith,
followed in
the same path with skill and energy. During a subsequent period of three years,
we
imitated them by means of an authorisation from ourselves and our said brothers
for
imposing and exacting a tithe on the revenues of churches, monasteries and
other
benefices throughout the world and for doing each and every other thing that is
necessary
and customary in a campaign of this kind. We continually pour forth holy,
humble
and
earnest prayers to almighty God that the campaign may have a happy outcome. We
order the
same to be done by all Christ's faithful of either sex. We exhort Maximilian,
the
emperor-elect, and kings, princes and christian rulers, whose courage God bids
us to
rouse, beseeching them by the tender mercy of our God, Jesus Christ, and
appealing to
them by his fearful judgment to remember that they shall have to render an
account of
their defence and preservation -- even by giving their lives -- of the church
itself,
which has been redeemed by Christ's blood, and to rise up in strength and power
for the
defence of the christian faith, as is incumbent on them as a personal and
necessary duty,
with all mutual hatred being set aside and quarrels and conflicts among
themselves being
committed to everlasting oblivion. At this time of such great need, let them
offer with
eagerness their ready assistance in keeping with their resources. We urge with
paternal
affection and ask them that, at least during the campaign, out of reverence for
almighty
God and for the apostolic see, they assure the unbroken observance of the peace
into
which they have entered, so that such an important good, which we hope and
desire will be
obtained with the help of the Lord's right hand, may not be impeded by some
interruption
from discord and dissension .
In order that prelates and others at the present council, which has lasted for
nearly
five years, may not be further wearied by their labours and expenses and so
that
they may
be able to visit and bring encouragement to their churches, and for other
reasonable and
just causes, we bring the present council to a close and we discharge it with
the Lord's
blessing. With the approval of the same sacred council, we grant permission to
each and
all who are present at the council to return to their own countries. In order
that they
may be able to go back with ever increasing joy and strengthened with spiritual
gifts, we
impart to them and to all their attendants a plenary remission and indulgence
for all
their sins, once in their lifetime and again at the hour of death.
Let nobody
therefore
... If anyone however ...